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<h1><a href="https://archiveofourown.org/works/23462563">In My Place</a> by <a class='authorlink' href='https://archiveofourown.org/users/Gimmeran21/pseuds/Gimmeran21'>Gimmeran21</a></h1>

<table class="full">

<tr><td><b>Series:</b></td><td>Sweetheart [3]</td></tr>

<tr><td><b>Category:</b></td><td>NCIS</td></tr>

<tr><td><b>Genre:</b></td><td>Angst, Brain Damage, Brain Injury, Cats, Disability, Emotional Hurt/Comfort, Established Relationship, Hurt/Comfort, M/M, Physical Disability, Trials, Unconditional Love, mental disability, physical injury</td></tr>

<tr><td><b>Language:</b></td><td>English</td></tr>

<tr><td><b>Status:</b></td><td>Completed</td></tr>

<tr><td><b>Published:</b></td><td>2020-04-11</td></tr>

<tr><td><b>Updated:</b></td><td>2020-04-11</td></tr>

<tr><td><b>Packaged:</b></td><td>2021-05-01 15:53:21</td></tr>

<tr><td><b>Rating:</b></td><td>Mature</td></tr>

<tr><td><b>Warnings:</b></td><td>No Archive Warnings Apply</td></tr>

<tr><td><b>Chapters:</b></td><td>15</td></tr>

<tr><td><b>Words:</b></td><td>22,795</td></tr>

<tr><td><b>Publisher:</b></td><td>archiveofourown.org</td></tr>

<tr><td><b>Story URL:</b></td><td>https://archiveofourown.org/works/23462563</td></tr>

<tr><td><b>Author URL:</b></td><td>https://archiveofourown.org/users/Gimmeran21/pseuds/Gimmeran21</td></tr>

<tr><td><b>Summary:</b></td><td><div class="userstuff">
              <p>Tony and Jethro are still working through the changes in their life after Tony's brain injury. Tony challenges the Disability Pensions Board and then gets injured. Tony and Jethro welcome some new arrivals.</p>
            </div></td></tr>

<tr><td><b>Relationships:</b></td><td>Anthony DiNozzo/Jethro Gibbs</td></tr>

<tr><td><b>Series:</b></td><td>Sweetheart [3]</td></tr>

<tr><td><b>Series URL:</b></td><td>https://archiveofourown.org/series/1687855</td></tr>

<tr><td><b>Comments:</b></td><td>9</td></tr>

<tr><td><b>Kudos:</b></td><td>92</td></tr>

</table>

<a name="section0001"><h2>1. Rule 13 Flashback</h2></a>
<div class="story"><div class="fff_chapter_notes fff_head_notes"><b>Author's Note:</b><blockquote class="userstuff">
      <p>Inspired by Give Me a Hug by rose_malmaison. Many thanks for the original idea.</p>
    </blockquote><b>Summary for the Chapter:</b><blockquote class="userstuff">
            <p>Gibbs hires a lawyer, breaking Rule 13 (never involve lawyers), to raise a complaint against the Disabiliy Pensions Board on Tony’s behalf because of the way they had treated him during their interview.</p>
          </blockquote></div><div class="userstuff module">
    
    <p>
  <i>Gibbs looked down at his sleeping husband now peaceful, after the restlessness of delirium. Brad had kept assuring him that Tony had never been in danger but he hadn’t believed him because Tony had looked so ill and frail.</i>
</p><p> <i>If Tony had truly turned the corner Gibbs was going to make those bastards at the Disability Pensions Board pay and pay good for what they had put Tony through. He would deliver on his promise to contact his lawyer when he’d rescued Tony from the interview which the Board had turned into an interrogation and from the meeting room which they had made into a torture chamber. How dare they treat Tony like that! Come to that how dare they treat any vulnerable adult in that way.<br/>
</i></p><p>
  <i>So he had made good on his threat to contact his lawyer, thereby breaking rule 13 (never involve lawyers). First of course he’d had to find one. There was no way he was reaching out to any of the ones who’d allowed him to be screwed over during his three divorces. So he’d asked Vance for his advice and he’d recommended Mike Alvarez. Of course then Gibbs had asked McGee to check him out and he’d reported that “he is quite the Rottweiler” which suited Gibbs down to the ground.<br/>
</i>
</p><p>
  <i>Looking round the smart, wood-panelled office with its shelves of legal books and the smell of wealth, Gibbs was too easily reminded of the hours he’d spent in similar surroundings trying to stop one wife from taking him for the few cents he’d been allowed to keep by the other  wives.<br/>
</i>
</p><p>
  <i>Mike Alvarez was about forty and dressed in the sort of sharp suit that Tony used to wear. Not another smart-ass lawyer. Well, he’d give him one chance and then get out.<br/>
</i>
</p><p>
  <i>“Good morning, Gibbs. Vance gave me a brief outline of the nature of the complaint you wish to bring against the Disability Pensions Board.”<br/>
</i>

 </p><p> <i>“I understand that Tony is currently too ill to make this complaint himself? That you are his husband and hold his Power of Attorney and are his medical proxy and are therefore making the complaint on his behalf? I need to see the documentation for that before we go any further.”<br/>
</i></p><p><i>Gibbs handed over the papers.<br/>
</i>
</p><p> <i>“Here you are.”<br/>
</i></p><p>
  <i>“Thank you. Now I want you to give me the background in your own words.”<br/>
</i></p><p><i>So Gibbs forced himself to relive that terrible day when Tony had been shot trying to apprehend a murderer. The shot had ultimately led to Tony’s brain being deprived of oxygen, leaving him with permanent brain damage. Hypoxic-anoxic injury the medics called it but Gibbs called it a catastrophe.<br/>
</i>
</p><p>
  <i>At Mike’s prompting Gibbs detailed the deficits Tony now had. He had been left with a weakness in his legs which affected his walking and before this latest illness he had only been able to walk with help although the medics had hoped that he would be able to walk unaided after intensive physical therapy. He would never be able to run easily or to play football again and he had loved to play football. After this current illness it would take him weeks to get back to what physical fitness he had been left with.<br/>
</i>
</p><p> <i>He, who used to talk the hind leg off a donkey with wit laced with double entendres and numerous film references, now had difficulty in talking when he was tired or stressed and often had problems in understanding figurative speech. Complex sentences were sometimes beyond him. He forgot words or their meanings. He could still read but slowly and often had to read aloud to himself to get the meaning.<br/>
</i>

</p><p>
  <i> His ability to concentrate was compromised and he couldn’t always remember or follow a process. He was having to relearn so many things. For instance he had only just learned to dress himself in clothes with sleeves. The doctors had said that there were some things he might never relearn and although he had made some progress he might not make any more.<br/>
</i>
</p><p>
  <i>The interview with the panel of the Disability Pensions Board had left Tony feeling a failure and certain that because of that he was going to be sent away as he had been for intensive therapy shortly after his shooting. He now had increased anxiety levels and terrible nightmares and Gibbs was convinced that Tony’s latest illness was a direct consequence of the way he had been treated in that interview.<br/>
</i>
</p><p>
  <i>After he had finished his recital, he looked at Mike and said, “But you know, although he’s lost so much, he’s still in there, he’s still Tony.”<br/>
</i>
</p><p><i>“I get what you’re saying. So once Tony’s better we will obviously involve him. After all it is his complaint” and Mike had looked straight at him. Gibbs knew what the lawyer meant. Tony had rights that had to be respected. It struck Gibbs that he’d already decided to hire this man to represent his husband because he totally got that while Tony had limitations that didn’t make him any less of a man.<br/>
</i>
</p><p>
  <i>“Sure. I just want to get the ball rolling while Tony recovers from his illness which as far as I’m concerned was caused by the way those bastards treated him. I want them to pay,” and Mike saw Gibbs unconsciously clench his fists.<br/>
</i>
</p><p>
  <i>“So of course you’ll also be putting in a claim for financial compensation.”<br/>
</i></p><p>
  <i>“Hadn’t thought of that.”<br/>
</i>
</p><p>
  <i>“Of course it will be up to Tony but don’t you think we ought to make them pay in both senses of the word?” and Mike’s smile had something of the feral about it, making Gibbs understand why the lawyer had such a fearsome reputation.<br/>
</i>
</p><p>
  <i>“So if we do, what cut would you expect?” Gibbs could barely keep the cynicism out of his voice.<br/>
</i>
</p><p>
  <i>“Well, believe it or not I do actually have some principles and in a case like this I wouldn’t be asking for anything from a financial settlement.”<br/>
</i>
</p><p>
  <i>Gibbs looked at him in surprise but went with it. “So where do we go from here?”<br/>
</i>
</p><p>
  <i>“Well we can allude to Tony’s current illness in our initial letter but I have to say without medical evidence it might be difficult to prove. We can explore that avenue and take medical advice. In the meantime we will ask for a transcript of the interview. We also have Mrs Miller’s evidence that she gave notice that she would be unable to attend on that date to act as Tony’s responsible adult in the meeting. The Board has already broken the law by failing to give Tony that support. Rather than just making a complaint we could sue if you wanted.”<br/>
</i>
</p><p>
  <i>“So this letter will be like firing the first shot across their bows. By sending it we’re buying time until Tony is well enough to become involved. I’ll send you a first draft of the letter for your approval and subject to any changes you want I will send out the final draft. I must warn you that even allowing time for Tony to recover, the process is likely to take months as organisations like this tend to try to draw things out in the hope that complainants will give up.”</i></p><p>
  <i>“Not going to happen.”</i>
</p><p>
  <i>After several months of Mike sending further letters and reminders with veiled threats and chasing up replies, the transcript had finally arrived at Mike’s office. It contained such damning evidence of the Board’s incompetence and mishandling of Tony’s interview that Mike and Gibbs had been amazed that the transcript had actually been sent to them.<br/>
</i>
</p><p>
  <i>It was full of instances of Tony saying, “Where is Karen?,” “I don’t understand,” “What do you mean?,” “Where is Jethro?,” “I’m tired, please can we stop.” The notetaker had also noted several times “at this point Mr DiNozzo became incoherent.” All evidence of an increasingly distressed Tony being treated with a total lack of understanding. The transcript had also faithfully recorded the conversation that had taken place after Jethro had rushed into the interview room on hearing Tony’s voice raised in distress.<br/>
</i></p><p>
  <i>Mr Leroy Jethro Gibbs, “What the hell are you doing to Tony?”
</i></p><p>
  <i>“I said what the hell are you doing to Tony?”
</i>
</p><p> <i>Chair of the DPB. “Only doing our job Mr Gibbs. You are well aware we have a duty to assess each case on its merits.”<br/>
</i>
</p><p>
  <i>Mr Leroy Jethro Gibbs, “Tony isn’t a case, he’s a human being who has become disabled because he was putting his life on the line, which I suspect none of you has ever done. Now if you want any more questions answering I suggest you ask me at a time of my choosing. I have to look after Tony.”
</i></p><p>
  <i>Chair of the DPB panel “Yes, we have noticed how close you are. Are you sure that’s totally healthy given Tony’s vulnerable condition?”
</i>
</p><p>
  <i>Mr Leroy Jethro Gibbs, “What the hell do you mean? He’s my husband for God’s sake! And before you say anything he did not marry me under duress. We were married two years ago and that was before his injury. Surely you checked all this before? And anyway it’s not your place to make judgements about our relationship, just to assess the level of his disability.”<br/>
</i>
</p><p>
  <i>Chair of the DPB panel, “Yes, well…”<br/>
</i>
</p><p>
  <i>Mr Anthony DiNozzo, “Sorry, sorry.”<br/>
</i>
</p><p>
  <i>Mr Leroy Jethro Gibbs, “I’ll be contacting my lawyer about this and how you have dealt with a vulnerable person who was left with no one to help him in this interview as I see that Mrs Miller is not in the room.”<br/>
</i>
</p><p>
  <i>The transcript had ended “Mr Anthony DiNozzo and Mr Leroy Jethro Gibbs then left the room.”<br/>
</i>
</p><p>
  <i>Mike had made an appointment for Gibbs to come in to read the transcript. He handed it to him, then sat back and waited for the explosion. It never came. Gibbs looked up, his face totally expressionless but with a glitter in his eyes that was somehow more dangerous than any verbal threats.<br/>
</i>
</p><p>
  <i>“Right, we said we’d nail those bastards and so we will. They’re not getting away with this. Tony’s a lot better now physically but he still gets nightmares and anxiety attacks at times.”<br/>
</i>
</p><p>
  <i>“I agree but in the light of what you say, is he now well enough to be involved?”<br/>
</i>
</p><p>
  <i>“He’s regained most of the ground he lost during his illness and I think he’s well enough for me to talk to him about it.”<br/>
</i>
</p><p>
  <i>“Once you have I think it would be a good idea for you to bring Tony to the office so I can get to know him.”<br/>
</i>
</p><p>
  <b>End of Flashback</b>
</p>
  </div></div>
<a name="section0002"><h2>2. After the Move Flashback</h2></a>
<div class="story"><div class="fff_chapter_notes fff_head_notes"><b>Summary for the Chapter:</b><blockquote class="userstuff">
            <p>Tony and Gibbs settle into their new home. Gibbs tells Tony about the complaint that he and Mike have raised with the Disability Pensions Board on his behalf.</p>
          </blockquote></div><div class="userstuff module">
    
    <p>
  <i>They’d settled into a happy routine. Tony liked keeping active, revelling in the pool and the gym although it had taken Tony quite a while, with Gibbs’ help, to relearn how to use the equipment by himself.</i></p><p> <i>The neighbours were great, visiting frequently and enjoying Tony’s company and his piano-playing and also welcoming Tony and Gibbs into their homes. Now Tony and Jethro had more bedrooms they had the team stay over for movie nights and just to hang out and some of the patients from Bethesda that Tony had made friends with came over for the day every so often. </i></p><p>
  <i>Tony’s physical therapy sessions had been reduced to a monitoring session once every six months. Of course this was a double-edged sword because Gibbs knew that it also meant that Bethesda had decided that they could do little more for Tony’s physical and neurological condition. He would always walk slowly and his ability to speak clearly and comprehensibly was reliant on his not being tired or stressed. Once again Gibbs had to remind himself to be grateful that he still had his sweetheart alive and mainly well.</i></p><p>
  <i>He'd also had to remind himself not to be overprotective of his husband and to give him more independence although his first instinct was to surround Tony with fences to keep the world out: the world that might not understand someone with Tony’s condition and that would hurt him. In Gibbs’ opinion Tony had been hurt enough. Tony was so easily hurt. He’d been born with one layer of skin too few but had learned to disguise that with the persona of an immature frat boy. It had only been when they had got together that Tony had let him see the real man under his masks. Even then he kept some things to himself where the hurt was too deep.</i>
</p><p>
  <i>Gibbs was still trying to find the balance between protecting Tony and helping him to be more independent. He’d already been forcibly reminded that he was being overprotective by the head of the Physical Therapy department at Bethesda and by Ducky. But he’d been touched that a few months ago Tony had decided without any prompting from him that he wanted to change his surname from DiNozzo to DiNozzo-Gibbs. “I want to show people we’re together, Jethro.”</i>
</p><p>
  <i>Tony was now getting a cab to Bethesda by himself for some of his visits and typically between appointments he was going to Bethesda to see some of the patients and staff who he counted as friends. He enjoyed walking round the neighbourhood and exploring his surroundings and then telling Gibbs what he’d seen. His sense of direction although not as instinctive as it had been before the shooting was still good so Gibbs knew he wouldn’t get lost but he had insisted on going with Tony the first few times he’d gone out for a walk.</i>
</p><p>
  <i>On one of their walks they had ended up at the park and resting on one of the benches. They had sat there watching the world go by - parents pushing their children on the swings, dogs chasing balls and people using the outdoor gym. Gibbs had kept checking unobtrusively that the noise and people weren’t getting too much for Tony but he seemed to be alright as he was so interested in what was going on around him and the general noise was far enough away not to worry him.</i>
</p><p>
  <i>They’d been there for a while and Jethro had been about to suggest they make their way home when an elderly woman had come up to the bench.</i>
</p><p>
  <i> “Mind if I join you?” </i>
</p><p>
  <i>Of course Tony had immediately said yes. Noticing their wedding rings she’d asked whether they were married to each other. They had nodded.</i>
</p><p>
  <i> “Thought so. My grandson’s gay. My name’s Sadie by the way, what’s yours?”</i>
</p><p>
  <i>They had spent some time chatting with Sadie mainly doing the talking about her life and grandchildren. Then the skies had opened and Jethro had muttered, “Come on Tony, I’ll see if we can get a cab, can’t let you catch cold.”</i>
</p><p>
  <i>"No need for that, I live around the corner. I’ll take you home.” </i>
</p><p>
  <i>Seeing that Tony was starting to shiver, Gibbs nodded his thanks.</i>
</p><p>
  <i>Once Sadie had got them home, Tony said, “Thank you so much. Come in for a coffee.” </i>
</p><p>
  <i>“Don’t mind if I do.” </i>
</p><p>
  <i>”Honey, you need to have a shower and get warmed up. You can’t be too careful.”</i>
</p><p>
  <i> “Sure.”</i>
</p><p>
  <i>And Tony had walked off to the bathroom.</i>
</p><p>
  <i>"Has Tony been ill?” </i>
</p><p>
  <i>“Yes, very and he’s got problems with his lungs.”</i></p><p>
  <i>Gibbs hadn’t known why he was giving out this information but Sadie had a way with her. </i>
</p><p>
  <i>“I’ll go make the coffee.”</i>
</p><p>
  <i> As he went into the kitchen, Sadie was so busy chatting that she had absentmindedly followed him there and saw the coffee making instruction sheets for Tony pinned up on the wall. Gibbs saw her looking but she made no comment.</i>
</p><p>
  <i> “Tony’s got a brain injury and he can’t always remember how to do things anymore so his former co-workers made this and other crib sheets for him. He doesn’t need them much now but if he’s tired they help.”</i>
</p><p>
  <i>Why on earth was he telling this stranger all this?</i>
</p><p>
  <i> “That must be a challenge for you both but Tony is so obviously happy.”</i>
</p><p>
  <i>”I like to think so.”</i>
</p><p>
  <i>“You will both will be very welcome to join me at the park. I have a group of friends that normally come at the same time on Tuesdays and I’m sure they’d love you to join them.”</i>
</p><p>
  <i>“Thank you. Tony likes going out and meeting people.”</i>
</p><p>
  <i>Just then Tony had appeared.</i>
</p><p>
  <i>”Hi, honey, are you warmer now?” </i>
</p><p>
  <i>”Yes. Has Jethro made you coffee? And given you a slice of cake?”</i>
</p><p>
  <i> So they had sat down and talked some more, Sadie carefully drawing Tony out. Gibbs became even more certain that Tony would enjoy the Tuesday meetings. No longer worried about Tony and his walks and leaving him to his ’harem’ as he called it, Gibbs had stopped going with him.</i>
</p><p>
  <i>Of course, each time Tony got back he insisted on catching Jethro up with the latest news of his friends.</i></p><p><i> “Sadie’s going to be a grandmother for the third time and Laura’s decided she going to learn French and…”</i>
</p><p>
  <i> “Now honey, remember to phone me if you get tired and I’ll pick you up.”</i>
</p><p>
  <i> “I’ll be alright. Don’t fuss. Not a child. Anyway, Sadie said she’d always give me a lift if I need one.” Tony didn’t bother to disguise his impatience.</i>
</p><p>
  <i>Immensely cheered by this flash of the old Tony, Jethro had shut up while still allowing himself to worry on occasion. As part of his plan to help Tony become more independent, he had been spending more time fishing, catching up with Marine buddies or in the workshop, leaving Tony to his own devices. He had to admit that such downtime had helped him to relax and he no longer felt he was effectively on call 24/7 and therefore tired out.</i></p><p>
  <i>Now that Tony had recovered Gibbs decided that it was time to talk to him about the claim against the Disability Pensions Board.</i></p><p>
  <i>Gibbs said “Honey, we need to talk about something I started doing while you were ill.”</i>
</p><p>
  <i>”Yes?” </i>
</p><p>
  <i>”Well, you remember, when you went to the Disability Pensions Board?”
</i>
</p><p>
  <i> In answer Tony had shuddered.</i>
</p><p>
  <i> “I know, I know. Do you want to make them pay?” </i>
</p><p>
  <i>“How?” </i>
</p><p>
  <i>“Well, we’ve made a complaint against them for you.”</i>
</p><p>
  <i> “It wasn’t fair what they did. They made me feel stupid. I know I’m not the same as I was, but they hurt me, and I keep trying to get better and I needed Karen there. Then I got ill. It took me a long time to get better. What if they did it to someone else?”</i>
</p><p>
  <i>”I know sweetheart, but are you sure you want us to carry on with the complaint? I wanted to check with you but I needed to wait until you were getting better.”</i>
</p><p>
  <i> “I want to carry on. I want them to ap-apologise.”</i>
</p><p>
  <i>”We’ve asked for them to apologise. I’ll show you the letter we’ve already sent and the transcript of the interview. I want you to meet the lawyer I’ve hired. He’s called Mike Alvarez.”</i>
</p><p>
  <i> Tony looked bemused.</i>
</p><p>
  <i> “What is it sweetheart?”</i>
</p><p>
  <i> “Rule 13.” </i>
</p><p>
  <i>Gibbs laughed. </i>
</p><p>
  <i>“Well for you, I’d break any of my rules.”</i>
</p><p>
  <i>So Gibbs had shown Tony the documents.</i>
</p><p>
  <i>“Why are we asking for money? I didn’t want that.”</i>
</p><p>
  <i>“Well we can drop that, but don’t you want them to pay?” </i>
</p><p>
  <i>“Yes. I could give the money to Bethesda to help people like me."</i>
</p><p>
  <i>Gibbs looked at his husband. Trust Tony to be generous. Others might have used the money on themselves but not his husband.</i></p><p>
  <i>So they’d arranged to meet in Mike’s office to discuss the letter of apology from the Disability Pensions Board which had finally arrived. In it they apologised for their ‘mistakes’ in the way they had handled the interview and offered $100,000 in compensation for Mr DiNozzo-Gibbs’ ‘distress.’ They said that ‘lessons have been learned and that the staff involved are being retrained.’</i>
</p><p>
  <i> Mike had carefully gone through it with Tony.</i>
</p><p>
  <i>”Is this OK, Tony?”</i>
</p><p>
  <i>”Yes” and he had walked out the door.</i>
</p><p>
  <i>Gibbs made to follow him, but Mike held him with a look. “Give him a moment.” </i></p><p>
  <i>Gibbs gave Tony five minutes then went to look for him. He found him in the men’s restroom, sitting on the floor, his back to the wall and trembling slightly.</i></p><p>
  <i>“Are you alright?” as Gibbs joined him on the floor and made to hug him but Tony shrugged him off.</i>
</p><p>
  <i>“What?”</i>
</p><p>
  <i>”Don’t need a hug. I’m fine.”</i>
</p><p>
  <i>And Gibbs looked at his husband and realised that it was true. This time ‘fine’ meant just that.</i>
</p><p>
  <i>Once they were home, Tony read and reread the letter until it got creased and smudged and Gibbs became concerned at his obsession with it.</i>
</p><p>
  <i> “Sweetheart, we went through the letter when it arrived. You keep reading it so is there anything you don’t understand?” </i>
</p><p>
  <i>“It says they’re sorry for what happened in the interview.”</i>
</p><p>
  <i> “Yes, that’s what we asked for. All we need to do now is ask Mike to send a letter accepting their apology and the money. So why do you keep reading their letter?”</i>
</p><p>
  <i>”Because I still don’t understand why they treated me like that. They hurt me, they hurt me. I asked you for a divorce because of the way they made me feel,” and Tony started to cry, deep, heart-wrenching sobs which made his whole body shudder until he became so breathless he had to stop. </i>
</p><p>
  <i>Gibbs held him until the shaking stopped. “My dear, dear love, I’m so sorry sweetheart. If I could take that memory away from you I would.”</i>
</p><p>
  <i> Tony raised a tear-stained face to Gibbs, “I know Jethro, I love you."</i>
</p><p>
  <i>”I want to see them.”</i>
</p><p>
  <i>”What do you mean?”</i>
</p><p>
  <i> “I want to see the men.” </i>
</p><p>
  <i>“Tony, you can’t do that. It’s a terrible idea. You’ll get sick again.” </i>
</p><p>
  <i>Tony looked at his husband. It was rare in any situation for Gibbs to be the one that blinked first but this time he did in the face of the determination he saw in Tony. </i>
</p><p>
  <i>“Won’t. I want this.” </i>
</p><p>
  <i>”Just reading the letter has upset you. Think how you might feel if you met them again.” </i>
</p><p>
  <i>Tony’s jaw clenched. “I must. They need to know how much they hurt me. They made me feel stupid. I know I’m not right but I keep trying.”</i>
</p><p>
  <i>"Don’t say that about yourself. You <i>are</i> right. Sure, you’re different now since the shooting but that doesn’t make you not right. You’re still the wonderful man you always were and I love you with all my heart.”</i>
</p><p>
  <i> Then Tony smiled, “I know, Jethro, I love you.”</i>
</p><p>
  <i>”Honey, I love you more.”</i>
</p><p>
  <i> “Me, more.”</i></p><p>
  <i> “Me, more” </i>
</p><p>
  <i>And the silliness continued for a little while as Tony tried to calm down after his breakdown.</i>
</p><p>
  <i>Tony was still adamant despite Gibbs’ massive misgivings. He dreaded the fallout that could happen from the meeting with the DPB panel as he’d be the one to pick up the pieces. But he was there to support his husband after all, so he contented himself with making sure that Tony knew that. They asked Mike to send a letter accepting the offer of money but also asking for a spoken apology at a face to face meeting with the members of the original interview board with Karen to be present to support Tony.</i>
</p><p>
  <i>The DPB agreed and gave them a date for a month ahead. Now that they had the date Tony would disappear into the den every so often to prepare for the interview as he didn’t want to embarrass himself by stumbling over his words.</i>
</p><p>
  <i> ”Do you want me to help you?”</i>
</p><p><i>”No, I’ve got to do it - got to…”</i>
</p><p>
  <i> In the end Gibbs said, “Tony, this can’t go on. You’re being very brave as usual but I think you need help.”</i>
</p><p>
  <i>”But I need to do it.”</i>
</p><p>
  <i>"But you don’t need to do it all by yourself. After all Karen will be there with you in the meeting so why won’t you let me help you before the meeting?”</i>
</p><p>
  <i>"I’ve got to do this myself,” and Tony’s green eyes pleaded for understanding. But his decision was taking its toll. His sleep was restless, dark shadows appeared under his eyes and he was tired during the day. Most worrying of all, he became quiet, hardly speaking directly but instead letting his piano speak for him as he played stormy passages in between preparing for the interview. When Tony became silent he was either ill or worried and when that happened he withdrew into himself. Gibbs was frightened for Tony and his state of mind.</i>
</p><p>
  <i> “Tony, slow down, honey. It’s not a race and I’ll still love you whatever happens,” and Jethro hugged Tony gently, trying to calm down his husband who had tried to strip him prior to yet another frantic bout of sex which he was using to try to relax but which clearly wasn’t working because he remained tense and anxious.</i>
</p><p>
  <i>Gibbs cursed Tony’s parents who had neglected him so badly that their son thought the only way he could deal with problems was by himself. It had been made worse by the way the team, including Gibbs himself, had often treated him when he had tried to share his concerns, by laughing at him or just plain ignoring him. When that happened Tony had pasted on a smile and then talked and talked, saying nothing.</i>
</p><p>
  <i>”Sweetheart, why don’t you tell the Board you’ll settle for a written apology?” </i>
</p><p>
  <i>As soon as he’d uttered them Jethro wished he could take the words back. Tony looked devastated and scrambled off the bed. “Even if you don’t care, I do. It’s important to me.”</i>
</p><p>
  <i> “Hey, come here, love. Of course I care but you’re wearing yourself down. I don’t want you to get sick again. Come here.”</i>
</p><p>
  <i>Jethro stretched out his arms and Tony reluctantly got back into bed. “Baby, I care and that’s why I hate seeing you like this. You really don’t have to do it all by yourself. You’ve got me and the team all ready and willing to help. Remember how angry they were at how you’d been treated?”</i>
</p><p>
  <i> “Yea, Ziva wanted to kill them with paperclips.” </i>
</p><p>
  <i>”And Abby said that once Ziva had killed them she’d hide the bodies and…” </i>
</p><p>
  <i>”Leave no trace,” they said together.</i>
</p><p>
  <i>”Ducky said he was looking forward to welcoming them in Autopsy.”</i>
</p><p>
  <i> “Palmer said he’d make sure there would be a place reserved for them at his father-in-law’s funeral home.” </i>
</p><p>
  <i>”McGee said that if they were allowed to live he’d freeze all their assets.”</i>
</p><p>
  <i> “See, you have a lot of friends so why don’t you let them help you?”</i>
</p><p>
  <i>Suddenly Tony nodded and some of the tension left his body. </i>
</p><p>
  <i>”Come here and let’s see how we can pass the time for the next few minutes.”</i>
</p><p>
  <i> “Just a few?”</i>
</p><p>
  <i>And this time they were making love not just having sex.</i>
</p>
  </div></div>
<a name="section0003"><h2>3. The Second Disability Pensions Board Interview</h2></a>
<div class="story"><div class="fff_chapter_notes fff_head_notes"><b>Summary for the Chapter:</b><blockquote class="userstuff">
            <p>Tony attends the second Disability Pensions Board interview and this time it's on his own terms.</p>
          </blockquote></div><div class="userstuff module">
    
    <p>Jethro held Tony’s hand while they waited to be called and this time Tony was able to walk into the meeting-room unaided. Karen and the notetaker were already sitting behind the desk. Tony took his place between them as chairman.

</p><p>If Gibbs had been there he would have recognised Tony in interrogation mode three. He couldn’t do as he used to, walking round the room gracefully or leaning elegantly against the wall, so he sat behind the desk with his files and phone neatly displayed in front of him ready to be used as ammunition.</p><p>After a few minutes Jethro heard, “Saul Myers, Morton Shepherd and Delisle Cannon” and three men got up and went into the meeting-room.</p><p>“Good morning gentlemen.”</p><p>“Good morning. I’ve been asked on behalf of the panel to apologise for your treatment on March 5th last year.”</p><p>“Don’t you mean the way each of you treated me? Not good enough. You didn’t treat me right.”</p><p>And then Tony put some earphones on and pressed a button on his phone. Suddenly the air was filled with the sound of heavy metal music mixed with high-pitched wailing noises. Tony allowed it to play for several minutes, observing the bewilderment and discomfort on the men’s faces. Then he switched off the sound.</p><p>“You can’t concentrate or think with that noise? That’s how I get when I’m tired. I told you when I couldn’t think but you wouldn’t listen” and he told them to turn to the relevant marked pages in their copies of the transcript while he read some of the phrases he’d used in the interview to try to get the panel to listen to him.</p><p>Then Tony pressed another button on his phone and the air was filled with the sound of a woman’s voice speaking rapidly in a variety of languages, none of them English.</p><p>Once he’d switched that off, one of the men said, “What is this? I don’t understand.”</p><p>"No? I sometimes didn’t understand your questions or the words you used. I told you so but you didn’t try to help me understand. Why didn’t you listen?”</p><p>“We were under pressure.”</p><p>“So was I. Look at your copies of the tr-transcript. Here on page six I said I was tired.”</p><p>“We were working to a timetable.”</p><p>“But not mine.”</p><p>“On page eight it says I told you I couldn’t concentrate and here on page nine I told you I didn’t understand you. Why didn’t you let me stop when I said I was tired? And where was Karen? I asked for her a lot.”</p><p>“She cancelled at short notice.” At this Karen frowned. The Board had known that she had cancelled at short notice because she had a migraine and she had naturally expected them to reschedule the meeting.</p><p>“But, but you were supposed to have someone to help me. I don’t understand why you did this to me.”</p><p>“We had a deadline to meet.”</p><p>“It was unfair. It wasn’t right.”</p><p>So Tony strung out the interview for as long as possible, citing the instances when they had not listened to his pleas and trying to make them feel as uncomfortable as he could but he knew he couldn’t last much longer because his concentration was starting to go.</p><p>“I hope you know how I felt. I want you to ap-apologise to me prop-properly, each of you.”</p><p>He could hear his speech slipping away and Karen looked at him with concern and putting her hand on his arm, she whispered, “Do you want to stop?” He shook his head.</p><p>Then each of the men apologised for their treatment of Tony.</p><p>“This time I’ll accept your, your ap-apology. Just don’t treat someone else like you did me.”</p><p>Karen said, “Gentlemen you are free to go” and she and Tony watched with amusement as the men scrambled to get out of the room where they had been humiliated just as they had humiliated Tony.</p><p>Karen gestured to the notetaker. “Thank you for your help. We’ll take it from here.”</p><p>Once he’d left the room, Karen said, “Are you alright? That was incredible.” </p><p>If this was how he had conducted interrogations when he was an agent and fully fit he must have been truly formidable. Suddenly she realised again what had been taken away from this gifted man.</p><p>“I’m tired now” and suddenly Tony looked so shaken and exhausted that Karen gave him a brief hug.</p><p> “Let’s go see Jethro. He’ll make you feel better.”</p><p>Jethro came up to him. “Did the plan work? We could all hear that god-awful music and they certainly hightailed it out of here pretty damn quick, not looking at all happy.”</p><p>Tony nodded tiredly.</p><p>“Come on, sit down before you fall down. I’ll take you home in a minute.” Then Gibbs led him to a chair to give him a chance to recover somewhat.</p><p>“It went really well. Tony was marvellous. I think the men got the message loud and clear - well certainly loud! I’ll leave you now but thank you for letting me in on your plan. Tony, you were great. See you again soon,” and she kissed Tony gently on the cheek leaving behind a waft of perfume.</p><p>Gibbs looked at his husband, “Better now? Shall we go home?” Tony nodded, too tired to speak.</p><p>Once they were in the car Tony fell asleep. When they got home, Gibbs persuaded him to go straight to bed although it was still the afternoon.</p><p> After a few hours he was disturbed by hearing Tony in the throes of a nightmare and it was a doozy. In Tony’s sleep he relived the shooting, then cycled through his first time at Bethesda, uttering the inarticulate cries and whimpers which had been the only sounds he could make immediately after the shooting. Then he moved on to the first DPB interview, “I don’t understand”, “I’m tired, please stop”, “I can’t think”, “Where’s Jethro, I want Jethro.” Then came the second meeting with the DPB and Tony telling the panel how he’d been made to feel.</p><p>All this time Jethro held him in his arms, rocking him gently and telling him how much he loved him. “Honey, I’m here,” “My love, you’re safe,” “Sweetheart, I love you,” It’s over, baby,” “You were so brave, darlin’.” Gradually Tony stilled into peaceful sleep, the worry-lines beginning to smooth out.</p><p>Jethro had known his husband would end up paying for his bravery in meeting those men, so he used all the endearments in his vocabulary to tell Tony how much he loved him and how much he was worth loving. He knew that people thought it completely out of character for him, the man who never spoke one word more than absolutely necessary but he’d changed once they’d become a couple. He knew that Tony needed to be reassured that he was loved although he’d never believe that he was worth loving.</p><p>Jethro had once overheard someone whisper that they were unevenly matched not only because of the difference in their ages. “You can tell who’s the sugar daddy and who’s the boy toy in that relationship can’t you,” that he was more in love with Tony than Tony was with him, that his love was not reciprocated because Tony only called him by his given name when they weren’t at work, never using endearments. He knew different. Tony had once told him that to him the name Jethro meant love, acceptance and home so he didn’t need to call him by any other names.</p><p>After Tony’s shooting the whispers had started again, “I don’t understand why he doesn’t just ditch the guy and move on. After all, the man’s a liability now.” He’d never bothered to call any of the gossips out on their comments.</p><p>They said that opposites attract. He was the functional mute while Tony could talk the hind leg off a donkey. He could barely be bothered to be polite but Tony had turned diplomacy into a fine art. He preferred to be by himself but Tony loved social gatherings.</p><p>He knew that Tony gave him more than he gave Tony what with Tony’s kindness and generosity and his capacity for forgiveness which had always amazed Jethro because Tony had so often not been shown the same by others. He had a sort of innocence and lightness of spirit that Gibbs knew he himself had never had but which he needed in his life.</p><p>Gibbs went to check on Tony who was starting to wake up, stretching and yawning.</p><p>“Hey, it’s 1000hrs, why didn’t you wake me?” apparently not remembering anything of his nightmare. Jethro was willing for it to stay that way.</p><p>“Thought you could do with the sleep as you had a hard day yesterday. How about you shower and I’ll make you some pancakes to celebrate.”</p><p>“C-celebrate what?”</p><p>“You nailed those guys and you were so brave.”</p><p>Tony blushed and then kissed Gibbs in thanks.</p><p>Later that morning Abby called. “Gibbs, Gibbs, Gibbs, did the plan work? How is Tony? Can I come round?”</p><p>“Hey, Abbs, listen to me.”</p><p>“Oh, sorry.”</p><p>“The plan worked fine. Karen said that Tony was marvellous and judging by the look on the men’s faces when they came out they weren’t at all happy and they got out as fast as they could. But Tony’s tired. He’ll call you later. Thank you for everything you’ve done.”</p><p>Jethro had already had texts from McGee, Ziva, Ducky and Palmer so he sent them an update, thanking them all again.</p>
  </div></div>
<a name="section0004"><h2>4. The Plan for the Second Disability Pensions Board Interview Flashback</h2></a>
<div class="story"><div class="fff_chapter_notes fff_head_notes"><b>Summary for the Chapter:</b><blockquote class="userstuff">
            <p>Flashback of how the Jethro, the  team and Karen come up with the plan for how Tony will chair the second Disbility Pensions Board interview.</p>
          </blockquote></div><div class="userstuff module">
    
    <p>
  <i>Once Tony had decided to accept help from the team Jethro asked if he’d mind showing them the transcript of the interview.</i></p><p>
  <i>“Sure.”</i>
</p><p>
  <i>After the team had read their copies of the transcript Tony had called a campfire and asked Ducky, Abby, Tim, Ziva and Karen to come round to discuss the meeting scheduled with the DPB.</i></p><p>
  <i></i>
</p><p>
  <i></i>
</p><p><i>They’d kicked around a few ideas until Abby suddenly said, “Tony, I know you love music but it’s mainly classical and popular isn’t it? You don’t like heavy metal?”</i>
</p><p>
  <i>Tony looked at Abby as though she’d lost her mind.</i>
</p><p>
  <i>“You know I hate it.”</i>
</p><p>
  <i>“Well, I’ve an idea. We want to make those jerks pay and pay good. What if we made your meeting with them really uncomfortable?”</i>
</p><p>
  <i>“How?”</i>
</p><p><i>“How does hearing heavy metal make you feel?”</i>

</p><p>
  <i>“Terrible. I can’t think when I hear it.”</i>
</p><p>
  <i>“Great.”</i>
</p><p>
  <i>“Huh?”</i>
</p><p>
  <i>“I mean if it makes you feel like that perhaps we can make them feel the same.”</i>
</p><p>
  <i>Tim said eagerly, “If Abbs can give me a really awful track I could mix in some other stuff to make it really uncomfortable to listen to especially if it’s played loud.”</i>
</p><p>
  <i>Then Ziva added, “Tony, I know that you said that sometimes you couldn’t understand what they meant in the interview. We can make it the same for them. I know so many languages they wouldn’t understand.”</i>
</p><p>
  <i>So Abby had identified a suitable track which McGee had mixed with some computer noise to make it even more ear-bending and disorientating. Ziva had translated some of the Board’s questions into Arabic, Hebrew and Turkish and then recorded them at double-speed.</i>
</p><p>
  <i>Tim then downloaded the lot onto Tony’s phone.</i>
</p><p>
  <i>Ducky, ever concerned about Tony’s health, had contributed a set of noise-cancelling headphones for Tony to use when he played the so-called music because since his shooting he was particularly sensitive to loud noises.</i>
</p><p><i>Once the team had done their bit, Tony had finally let Jethro sit in on his preparation which consisted of his going through the transcript over and over again.</i>

</p><p>
  <i>“Love, what are you looking for? How can I help?”</i>
</p><p>
  <i>“I need, I need to tell them from the paper,” he said, exhaustion in his voice.</i>
</p><p>
  <i>“Honey, why don’t you have a rest from this and play piano for a while?”</i>
</p><p>
  <i>“But I’ve got to do this,” and he put his head in his hands.</i>
</p><p>
  <i>“You’re tired and worried. Let’s do this together this afternoon. We’ve got the time.”</i>
</p><p>
  <i></i>
</p><p>
  <i>Tony finally gave in and slept on the couch and once Tony was rested, they went back in the den to continue the preparation for the interview.</i>
</p><p>
  <i>“What do you want to do with this?” he said, holding up the transcript.</i>
</p><p>
  <i>“To find when they wouldn’t listen to me and tell them.”</i>
</p><p>
  <i>“Let’s go through it together.” So Gibbs helped Tony pick out the relevant passages.</i>
</p><p><i>“How do you want to mark them?”</i>

</p><p>
  <i>“I don’t understand.”</i>
</p><p>
  <i>“You need to know where to find them so you need to mark them.”</i>
</p><p>
  <i>“Oh.”</i>
</p><p>
  <i>For a split second Jethro longed for the old Tony who wouldn’t have been in this position in the first place and in the second wouldn’t have needed any help. Giving himself a mental shake, he suggested, “Why not use coloured markers and then do a list?”</i>
</p><p>
  <i>They’d marked the comments with blue for when Tony had said he was tired, pink for when he’d said he couldn’t concentrate and yellow for when he’d said he couldn’t understand. Then Tony had allowed Jethro to compile the list with page numbers for Tony to read from in the interview.</i>
</p><p>
  <b>End of Flashback</b>
</p>
  </div></div>
<a name="section0005"><h2>5. After the Disability Pensions Board Interview</h2></a>
<div class="story"><div class="fff_chapter_notes fff_head_notes"><b>Summary for the Chapter:</b><blockquote class="userstuff">
            <p>Tony and Gibbs resume their normal routine and Tony continues to relearn an old skill.</p>
          </blockquote></div><div class="userstuff module">
    
    <p>It took Tony some time to recover from the second interview, so they’d concentrated on re-establishing their routine which included Jane, one of their neighbours, teaching Tony some of the dishes he used to cook for Jethro. Before the shooting he’d been a great cook, delighting in using recipes he’d been taught when he was young and ones he’d collected over the years.</p><p>The shooting had put paid to much of that. Many of those memories had been wiped out and he was having to try to relearn those dishes. Gibbs knew the effort it had taken Tony to relearn how to make coffee for him as well as mac ‘n’ cheese and scrambled eggs so he was very grateful to Jane.</p><p>Gibbs had once started to thank her for helping Tony but she interrupted him.</p><p>“Gibbs, you don’t need to thank me on Tony’s behalf. He’s quite capable of doing that himself and he has done - often.”</p><p>Gibbs looked at the tall, stern-faced woman.</p><p>“I don’t want to sound rude,” and then she smiled, her face becoming much gentler.</p><p>“It’s my pleasure to help Tony. He’s good company and I like teaching him. After all I was a teacher before I retired. He’s also helping me. It’s no secret that I get tired of my own company at times so we’re helping each other.”</p><p>Then Tony came through from the kitchen with a file in his hands.</p><p>“Hey Jethro, look at what Jane’s given me,” and he gave Jethro the file. </p><p>It contained recipes broken down stage by stage with photos and notes illustrating each stage. At the moment it only contained five recipes, all of which Tony used to cook before the shooting. </p><p>“See Jethro, Jane’s teaching me these recipes. When I can do them by myself I’ll make them for you like I used to do.”</p><p>“And you’re doing really well.”</p><p>“It’s taking me a long time.”</p><p>Jane said, “Well you have a lot of time - we both do” and she smiled again.</p><p>“Thank you,” and Tony hugged her. She went slightly pink and said, “I must be going. I’ll see you again tomorrow at the usual time, Tony.”</p><p>“Sure. Bye Jane.”</p>
  </div></div>
<a name="section0006"><h2>6. Injury</h2></a>
<div class="story"><div class="fff_chapter_notes fff_head_notes"><b>Summary for the Chapter:</b><blockquote class="userstuff">
            <p>Tony is injured trying to protect a friend.</p>
          </blockquote><b>Notes for the Chapter:</b><blockquote class="userstuff"><p>Please note that this chapter has been expanded.</p></blockquote></div><div class="userstuff module">
    
    <p>The next day had started off so well. Tony had encouraged Gibbs to go fishing and had seen him off with his usual smile and goodbye kiss. Gibbs had wanted to go for just a couple of hours but Tony had told him he had most of his day planned and would have company a lot of the time. He was going to the local store to get the ingredients for a recipe that Jane was coming over to go through with him and he would have the opportunity to show off his knife skills in cutting up the vegetables for it. Never mind that Jane had had to go through the recipe six times, he was sure he would get there in the end. Then Ziva was coming over to keep him company once Jane had left.</p>
<p>He’d gone to the store with the list on his phone. He couldn’t always remember the ingredients and anyway he liked going round the shelves to see what new things, Joe, the store owner had. He was also going to get Jethro’s favourite coffee beans. Luckily there was no one in the store when he went in so he had a nice chat with Joe and then took the cart to start his shopping. He was in no hurry as Jane wasn’t due for several hours so he made his leisurely way round the shelves reading the labels of some of the goods out loud as he found that easiest.</p>
<p>Then three men had come crashing through the door. They had grabbed a shopping cart and started taking cans of beer off the shelves and throwing them in. Tony had started at the noise they were making but couldn’t see any reason to stop what he was doing so he carried on walking round, reading labels and occasionally putting something in his cart until one of the group said, “Look at the gimpy retard! He can’t walk or talk right. What a dumbass!”</p>
<p>Before he could say anything, Joe had come round the counter to confront the man. </p>
<p>“Don’t you dare use language like that. All of you get out.”</p>
<p>“Says you and whose army?” and he threw a punch at Joe, knocking him to the ground. Then they all started to kick Joe. Tony immediately went into action. Gibbs had said he was a brawler but he was also trained and although his legs might not work so well he still had superb upper body strength thanks to his sessions in their gym and pool, so he pulled first one, then the other two off Joe, getting in a succession of punches to persuade them to stop. Shocked that an apparent weakling was capable of such retaliation they started backing off and were making for the door and then one turned round and pulling a knife, stabbed Tony in the arm. </p>
<p>Tony blinked - he couldn’t see so well because suddenly everything was wavering and he couldn’t keep his balance but he could feel the kicks as he fell and then he felt a sudden pain in his head. Then everything went black.</p>
<p>Gibbs came rushing into Tony’s room.</p>
<p>“Honey, how are you, what happened?”</p>
<p>“Hi Jethro, where’s the fish?” Tony said woozily.</p>
<p>Oh no, they’d given Tony the good stuff and as usual it was messing with him. Jethro would get no sense out of him for the next few hours.</p>
<p>Then Tony dropped off to sleep.</p>
<p>Luckily the doctor came in then.</p>
<p>“Hi, Mr Gibbs, I’m Dr Stephens. I’ve been treating Tony since he was admitted.”</p>
<p>“Call me Gibbs. What’s wrong with him?”</p>
<p>“He was admitted with mild concussion. Because of his brain injury we’re taking extra precautions.”</p>
<p>“So why the meds? He shouldn’t need such strong ones for a mild concussion.”</p>
<p>“He’s been stabbed in the arm, had an arterial bleed and some muscle damage so was in considerable pain from the wound. He also has three fractured ribs from the kicking.”</p>
<p>“What!”</p>
<p>“I apologise. I thought you had been fully briefed before you came here. We had been trying to reach out to you.”</p>
<p>“I’ve been fishing and my phone fell in the water. I’d just got home when one of the neighbours told me the police had been by because Tony had been admitted to hospital so I came right round. One of my former team was also trying to get hold of me because she was due to see Tony this afternoon.”</p>
<p>“Well apparently your husband went to the store and three guys started causing trouble and he got injured defending the storekeeper. Then he hit his head as he collapsed. Joe Larsson’s here being treated for shock and he told us.”</p>
<p>That’s my honey, brave and unselfish. But it could have been so much worse. He took Tony’s hand and started stroking it just to connect with him. Then Tony turned over in his sleep, wincing as he caught his arm.</p>
<p>Finally Tony woke up. He was lovely and comfortable apart from his fringers, fingres, frinings tingling and his arm stinging.</p>
<p>“Jet-Jethro, where am I? why is my arm hurting?” getting upset.</p>
<p>“Shh, baby. You’re in hospital because some punks tried to hurt Joe and you went to protect him.”</p>
<p>“Can’t remember.”</p>
<p>“That’s the drugs, sweetheart.”</p>
<p>Jethro could see the memory returning and with it, anxiety.</p>
<p>“Jethro, how’s?, how’s?”</p>
<p>Gibbs leant down further towards his husband and pushed back the hair from his face.</p>
<p>“Joe’s fine. He wanted to see you but you were asleep. He’ll see you later. He’s very grateful.”</p>
<p>“Good. I couldn’t let them hurt him.”</p>
<p>“Of course not honey, of course not.”</p>
<p>Tony wouldn’t change, not now, not ever. Always willing to throw himself in front of others to protect them from harm.</p>
<p>Then a police officer had phoned Gibbs to make an appointment to take Tony’s statement.</p>
<p>“We understand Mr DiNozzo-Gibbs has regained consciousness so we need to take his witness statement.”</p>
<p>“You’re welcome to try.”</p>
<p>“What does that mean?”</p>
<p>“He’s on strong painkillers which means he’s not exactly himself.”</p>
<p>“Anything to do with his brain injury?” Suddenly the voice sounded anxious.</p>
<p>“He is mentally competent?”</p>
<p>“He will be. But you need to give him some more time.”</p>
<p>“Well if you don’t mind, we’ll come anyway. We need to talk to him now.”</p>
<p>They’d had too many experiences with the nearest and dearest of witnesses trying to pressurise them into not getting involved with the law.</p>
<p>“You’re welcome to try but until he’s off his painkillers, you won’t find him very helpful.”</p>
<p>“Mr DiNozzo-Gibbs, this is Officer Tim O’Hagan and Officer Samantha Jeffries.”</p>
<p>“Look Jethro, they’ve got badges and guns. I used to have a badge and a gun,” Tony said sadly.</p>
<p>Gibbs leaned against the wall ready to watch Tony in his befuddled state run rings round the police officers.</p>
<p>“Sir, can you tell us what happened when you were attacked? Why did you go to that store in particular?”</p>
<p>“Jethro, why are they here? I didn’t do anything wrong.”</p>
<p>“No, honey, they just want to ask you some questions.”</p>
<p>“What sort of questions? I can ask questions. I used to ask questions for a living. Guess Who’s Coming To Dinner? What’s New Pussycat?  Whatever Happened to Baby Jane? What is the answer to life, the universe and everything?” and he smiled brilliantly at them and then started to sing tunelessly.</p>
<p>The police officers looked at each other and Officer O’Hagan said,” I think we’ll resume this interview at a later date.”</p>
<p>“Very wise officers, very wise,” and Gibbs smiled.</p>
<p>Then Tony had developed a fever and they’d had to continue with the good stuff for a while because of the severe pain he was in so they had kept him in for a few more days.</p>
<p>“I don’t like hospitals. I want to go home.”</p>
<p>“I know you do. I think it should be a couple more days and then you can go home.”</p>
<p>Over the next few days Tony had a stream of visitors which Gibbs had to control so they didn’t tire him out. Ducky was in daily attendance with Tim, Ziva, Abby and Jimmy coming as often as they could but Gibbs was having to use what few diplomatic skills he possessed to make sure Tony was allowed enough time between visitors to rest and sleep. With the amount of cakes, cookies and flowers the visitors brought they could have opened a bakery with flower shop attached.</p>
<p>Then came the day when they discharged Tony. Although he was still in some pain from his arm the doctors had decided he would be better off at home.</p>
<p>It had been a slow week for news and given that one of the victims of the assault was an ex-fed who’d been injured saving someone, the media had got involved. It became especially interesting when it turned out that two of the defendants were the sons of senators and one was the son of a prominent businessman, so the media had besieged the house trying to get comments and an interview. Gibbs told them to go away but not exactly politely.</p>
<p>Then Tony’s father had phoned him. For the last few years Gibbs had managed to get him to send the odd message to Tony and to phone him up occasionally but only by using threats. Senior had managed to find the time to visit his only son just once in two years and then it had become evident that it was because he wanted to see what the new house looked like. Now, sensing that something was hinky, Gibbs unashamedly listened in to the conversation.</p>
<p>“Hello son, how are you? I understand you’ve been injured protecting someone. I hope you’ll soon be better. I’m so proud of you. You’re a hero and I know there are a lot of people who’d be interested in your story. They could interview us together. What about it son?”</p>
<p>“No, no. I don’t want to, I don’t want to.”</p>
<p>“I would have thought you wouldn’t mind doing your old dad a favour but then you’ve always been a disappointment to me,” and he put the phone down.</p>
<p>Tony walked into Jethro’s comforting arms. “I don’t want any more interviews, I don’t want them.”</p>
<p>“Of course not. You’ve had enough to put up with. Never mind, he didn’t mean it. He’ll come round.”</p>
<p>He’d better. He couldn’t have Tony upset like this. He’d sort Tony’s father out. But later, once Tony had calmed down.</p>
<p>When they turned on the news there was Tony’s father. “I’m so proud of my son. He’s so brave. Quite a chip off the old block.” And there followed several minutes of self-aggrandising statements.</p>
<p>Several weeks later Gibbs woke with a start, missing the warmth of Tony’s body lying draped over him. He’d always told himself that Tony didn’t like sleeping by himself but who was he kidding? He didn’t like sleeping without Tony by his side or more accurately lying half across him. Still he’d be back in a minute so he settled down to sleep again.</p>
<p>He woke, feeling cold, so no Tony. He went along the corridor to the living room. When Tony couldn’t sleep he would either watch a movie or play piano until he felt drowsy enough to come back to bed.</p>
<p>Gibbs saw Tony huddled on the couch, clutching his arm and gasping. He knelt next to him. “What’s the matter?”</p>
<p>“Hurts, Jethro.” He gasped once more and passed out.</p>
<p>Jethro immediately checked Tony’s pulse which was strong and regular. Tony had likely passed out from the pain. Gibbs gently touched Tony’s cheek and Tony’s eyes fluttered open.</p>
<p>“W’happen?”</p>
<p>“You fainted. Guess the pain was bad.”</p>
<p>Knowing there was no way his usual deflection would work this time, Tony said, “Yeah - bad.”</p>
<p>“Come here” and Gibbs kissed him. “There’s no need to hide it.”</p>
<p>“Didn’t like to bother you.”</p>
<p>Gibbs looked at his husband with exasperation.</p>
<p>“You wouldn’t have bothered me. Anyway, you’re taking painkillers now and no argument.”</p>
<p>“But, Jethro…”</p>
<p>“I said no argument and it’s the good stuff this time and then you’re back to the hospital to see what’s causing the pain.”</p>
<p>“I don’t…”</p>
<p>“Stop right there. Even if you think you can bear the pain I can’t stand seeing you like that. So how about doing it for me,” he coaxed.</p>
<p>“Okay” and Tony closed his eyes.</p>
<p>Gibbs came back with three tablets of the good stuff and a glass of water.</p>
<p>“Let’s get you to bed. You’ll be more comfortable there.”</p>
<p>After a struggle to get Tony up from the couch without hurting his arm or his broken ribs, Gibbs supported him along the corridor and then put him to bed in a nest of pillows. Almost immediately Tony’s face relaxed and he fell into a deep sleep.</p>
<p>Of course, Gibbs couldn’t sleep for worrying so after watching him for a while he got up and made some coffee and worried some more.</p>
<p>They didn’t make it to the hospital that day as Tony was deeply asleep for most of it and making no sense except to himself for the rest of it.</p>
<p>Meanwhile Gibbs had phoned the hospital to discuss what had happened and to make an appointment.</p>
<p>“Yes, we thought that might happen.” The doctor sounded unconcerned.</p>
<p>“What? You didn’t warn Tony? Or me?”</p>
<p>“We didn’t want to alarm you unduly. It’s actually a good sign as it means the damage is healing but unfortunately along with that will come some quite intense pain at times.”</p>
<p>Gibbs nearly told the doctor what he thought of him but he knew it would likely cause problems for Tony so he bit back an angry response, seething inside.</p>
<p>“What’s next?”</p>
<p>“You keep the appointment we’ve just made, we’ll talk it over with Tony and you and I’ll prescribe some more painkillers. Tony will also have to keep up with the exercises we gave him.”</p>
<p>“So how long is this likely to take?”</p>
<p>“Probably a couple of months before he is pain-free and has full mobility in that arm.”</p>
<p>“He-hello, Jethro. That nearly rhymes. I’m a poet.”</p>
<p>“Yes, sweetheart. Why don’t you try to sleep some more?”</p>
<p>“Not sleepy. Arm hurted. No, that’s wrong. Arm hurts. Yes. I want to get up now” and Tony struggled to sit up, moving his legs to the side of the bed, swinging them backwards and forwards for a while and then trying to stand. Luckily, Gibbs, well-versed in Tony’s after the good stuff loopiness, was ready to catch him when he swayed.</p>
<p>“Oh, legs not working. Jethro, what’s happened to my legs?”</p>
<p>Gibbs smiled lovingly at his husband.</p>
<p>“Your legs are just very, very tired like the rest of you. Go back to sleep and you’ll feel a lot better tomorrow.”</p>
<p>“Oh, alright,” and Tony allowed Jethro to settle him back under the covers.</p>
<p>Once Tony had been discharged from hospital he hadn’t been able to exercise very well because of the restricted use of his arm. The gym was out for the moment and swimming presented a challenge so he had been wanting to start his walks again now he was feeling better.</p>
<p>Gibbs had tried really hard to encourage Tony to be more independent, He couldn’t say give him his independence, that sounded too controlling. How ironic - because he knew he was a controlling bastard but he had been made to see that where Tony was concerned he was doing him no favours by being overprotective and now the assault had to happen! He couldn’t stop Tony from going out and about and anyway didn’t want to.</p>
<p>But he felt that since the stabbing more than ever he needed to protect Tony, who was so much more vulnerable now because of his brain injury. There was one small measure he could take. That is, if he could get Tony to agree to it. He knew Tony might find it humiliating, feeling he was being treated like the child he most certainly wasn’t.</p>
<p>Tony was lying on the couch and had just finished watching an episode of Magnum P.I. when Gibbs sat next to him.</p>
<p>“Honey, you like your walks don’t you?”</p>
<p>“Of course and I like seeing Sadie and her friends and going to the store and talking to Joe. I can’t wait to start them again.” The green eyes sparkled.</p>
<p>“Don’t you ever get worried?”</p>
<p>“What about?”</p>
<p>“When you go walking.”</p>
<p>“Why?”</p>
<p>“Well, you don’t have your badge and gun anymore.”</p>
<p>“No” and his eyes became sad.</p>
<p>Castigating himself for a fool, Gibbs tried again.</p>
<p>“Honey, I want you to feel safe when you’re out. After all, you were attacked when you were at the store.”</p>
<p>“I do feel safe when I go out. Are you saying I should stop going out?”</p>
<p>“No, of course not.”</p>
<p>“Then what’s the problem?”</p>
<p>Realising this conversation was going nowhere, Gibbs decided on the direct approach.</p>
<p>“Ever since the attack I get worried when you’re out and don’t want anything to happen to you again so It would help if you took this with you.”</p>
<p>He handed Tony a small card which Tony read aloud to himself.</p>
<p>
<b>Brain Injury Identity Card</b><br/>
My name is Anthony DiNozzo-Gibbs<br/>
I have a brain injury<br/>
Which may affect my ability to communicate<br/>
At times I have difficulty in processing information<br/>
At times I have problems with concentration<br/>
I need a calm and non-confrontational environment<br/>
Please contact Jethro Gibbs on….</p>
<p>“You didn’t ask me about it before you had it made.”</p>
<p>“I’m sorry. The card’s there to tell people how to help you. After all, it’s only because Joe knows you that he was able to tell the hospital about your brain injury after you got stabbed. Think of it as like your creds when you were an agent.”</p>
<p>“When I was an agent I was proud of my creds but this makes me feel ashamed. I don’t need it and I don’t want to talk about it any more. I’m going to bed now. Good night Jethro.”</p>
<p>That went well he thought ruefully. Time for the big guns, so he phoned Ducky.</p>
<p>“Hey, Ducky, can you help me with a problem?”</p>
<p>“Hello Jethro, good of you to ask how I am.”</p>
<p>“Sarcasm will get you nowhere.”</p>
<p>“So what’s the problem? Anthony’s arm isn’t worse?”</p>
<p>“No, it’s healing very well. It’s something else. You know that Brain Injury Identity Card that we discussed a while ago?”</p>
<p>“Yes, certainly.”</p>
<p>“I gave it to Tony to look at just now.”</p>
<p>“I see. I did tell you that you needed to talk to Anthony about the idea before you took it any further. I assume he didn’t take it too well.”</p>
<p>“You could say that. I just want him to be safe.”</p>
<p>“You know you’ll never be able to guarantee that unless you lock him up.”</p>
<p>“I meant I want to help protect him.”</p>
<p>“So what do you want me to do?”</p>
<p>“Perhaps you can talk to him about it. I'm sure you'll handle it better than I did.”</p>
<p>“Give Anthony a chance to calm down today and I’ll come over tomorrow. But first, did you ask Anthony what sort of information he might want on the card assuming he even agreed to carrying one?”</p>
<p>“Well, no.”</p>
<p>“So you didn’t involve him at all did you? You did so well when you consulted him about the Disability Pensions Board complaint as soon as you could. This time it sounds as though you just presented him with a fait accompli. Seriously, did you not realise that just handing Anthony the card would upset him? You still don’t understand sometimes do you? He knows only too well what his problems are and he needs to be involved in his care every step of the way.”</p>
<p>“Didn’t think of it like that.”</p>
<p>“No, you didn’t. I know you did it with the best of intentions. Anyway, invite me for dinner for tomorrow and I’ll see what I can do to repair the damage.”</p>
<p>When Jethro joined Tony in bed that night he said, “Ducky’s coming for dinner tomorrow.”</p>
<p>“That’s nice.”</p>
<p>Tony was still subdued. If it had been anyone else, Gibbs would have said he was sulking but Tony didn’t sulk. He just pushed all his hurt feelings down and while he was concentrating on that he became quiet and then he would put a smile on his face and hide behind that.</p>
<p>“Sweetheart, I’m really sorry about earlier. I wouldn’t hurt you for the world. Will you forgive me?”</p>
<p>“Course, Jethro. I love you.”</p>
<p>The next day Ducky turned up for dinner with a bottle of Tony and Jethro’s favourite wine.</p>
<p>“Hello, Anthony and Jethro. It’s really good of you to have invited me for dinner. Since mother died I haven’t particularly liked eating on my own. How are you both doing?”</p>
<p>Tony drew out his reply. “Alright, I suppose.”</p>
<p>“Oh, that doesn’t sound very certain. Anything wrong?”</p>
<p>“Yes. Jethro tried to give me a c-card. I didn’t like it. It made me feel helpless and I’m not.”</p>
<p>“No, Anthony, you most definitely aren’t. Tell me about the card. Do you still have it?”</p>
<p>“I put it in my nightstand. I didn’t want to look at it again.”</p>
<p>Well at least he didn’t throw it away, thought Jethro.</p>
<p>“Could you get it and show it to me?”</p>
<p>“Alright but I don’t really want to.”</p>
<p>“I understand but just let me look at it. I want to know why it made you feel the way it did.”</p>
<p>So Tony came back holding the card as though it was burning his fingers.</p>
<p>“Here you are.”</p>
<p>“Thank you, Anthony.”</p>
<p>Ducky read it carefully.</p>
<p>“What didn’t you like about this?”</p>
<p>“I told you, It makes me feel helpless and Jethro said it was like my creds but it isn’t at all.”</p>
<p>Ducky hid an inward sigh at the situation that Anthony was now in and the incredible tactlessness Jethro sometimes showed towards his husband.</p>
<p>“Anthony, is what it says about the problems you sometimes have correct?”</p>
<p>“We-ell, sometimes. But, I don’t need it to remind me I’m damaged.”</p>
<p>“No, but it could help someone to help you if you were injured or ill and Jethro wasn’t with you. If Joe hadn’t been there to tell the doctors about your brain injury that might have caused a problem with your treatment until Jethro could come.”</p>
<p>“I don’t like it.”</p>
<p>“I know, but it would help Jethro to worry a bit less when you’re out.”</p>
<p>“Jethro, do you worry about me?”</p>
<p>“Of course I do because I want to protect you when I can. I’ve been so proud of how well you’ve been doing.  It doesn’t stop me worrying about you.”</p>
<p>“Oh. I hadn’t thought about that.”</p>
<p>No you wouldn’t because you still find it hard to accept that you’re worth worrying about, thought Jethro.</p>
<p>Ducky said, “Does that make you feel better about the card?”</p>
<p>“A bit, but I still don’t like it.”</p>
<p>“Would you be willing to take it with you when you go out by yourself now we’ve had a chance to talk about it?”</p>
<p>“I need to think about it. It’s a big thing for me.”</p>
<p>“I know.”

They agreed to drop the subject for a while.</p>
<p>Once Ducky had gone home, Tony said, “About the card, can I think about it a bit more?”</p>
<p>“Sure. I’ll go with whatever you decide about it. I’m going to try really hard not to do something like that again.”</p>
<p>The next day, Tony said, “The c-card, would it really help you stop worrying when I go out?”</p>
<p>“Yes, it would. I’m so pleased with the progress you’ve made and so pleased you can go out by yourself but I do worry sometimes.”</p>
<p>“For you, I’ll carry it but only when I’m out by myself.”</p>
<p>“That’s great. Thank you, sweetheart.”</p>
  </div></div>
<a name="section0007"><h2>7. The Trial : Preparation</h2></a>
<div class="story"><div class="fff_chapter_notes fff_head_notes"><b>Summary for the Chapter:</b><blockquote class="userstuff">
            <p>Tony is served a subpoena and assessed for his competency to give evidence about the assault on Joe and himself.</p>
          </blockquote></div><div class="userstuff module">
    
    <p>They’d been making out in the big armchair in the den and things had started to get interesting. Then came a sharp rap at the door.</p><p>“Ignore it,” said Gibbs breathlessly.</p><p>“Okay.”</p><p>Then a fusillade of knocks followed.</p><p>Sighing, Tony said, “I’ll get it.” And Tony released his husband with another breath-stealing kiss and walked to the front door adjusting his clothing as he went.</p><p>“Mr Anthony DiNozzo-Gibbs?”</p><p>“That’s me.”</p><p>“You have been served.” And the man at the door put a document in Tony’s hand. The subpoena had been served summoning Tony to appear as a witness to the attack on Joe and as a victim of the linked attack on him. The charge against the defendants was aggravated assault. </p><p>Apart from giving the date and location of the trial an accompanying letter had also noted that given Tony’s brain injury, the court would also make an appointment for him to see a psychologist to confirm that he was mentally competent to participate in the trial. If it was decided that he was then they would assign someone to assist him at the trial. The letter had also asked for information on the type of help Tony might need should he be declared competent to give evidence.</p><p>“Tony are you alright with this?”</p><p>“What with?”</p><p>“Giving evidence at the trial.”</p><p>“I was a cop and then an agent. I wanted to catch the bad guys. They hurt Joe. They have to pay.” Tony’s face darkened.</p><p>“They also hurt you.”</p><p>“Doesn’t matter so much.” </p><p>Jethro was once again horrified at how little value Tony placed on his life.</p><p>“Well it matters to me,” he said fiercely, hugging Tony so hard it made him pull back.</p><p>“You know they’re going to say some nasty things about you.”</p><p>“I know. No different from when I was with NCIS.”</p><p>Tony had said that in such a matter of fact tone that Jethro was shocked. He’d spent so much time trying to make up for the way he and the team had treated Tony at times. Just because Tony had used jokes as a way of lightening the atmosphere and levity to deal with some of the horrendous things they’d had to deal with, the team had tended to take him at face value, thinking him shallow and uncaring, not bothering to look for the person under the mask.</p><p>With criminals that had worked in his favour - they’d often fallen for his bumbling fool act, letting slip important information in the process. It made a twisted sort of sense that he accepted his co-workers’ treatment and forgave them for it. </p><p>Gibbs took Tony to the psychologist to be assessed. Yet another challenge for his husband.</p><p>“Hi, my name is John Felton and I’ve been asked to talk to you before the trial to protect your interests. I understand the interview with the Disability Pensions Board didn’t go well.”</p><p>“No.”</p><p>“Right. I’m here to help. Do you remember what a trial is?"</p><p>Tony was offended. He’d attended enough trials as a cop and an agent.</p><p>“Of course.”</p><p>“Could you explain then?”</p><p>“Someone is accused of doing something wrong. In the trial witnesses give evidence. If the jury decides the person did what they’re accused of the judge decides how they should be punished.”</p><p>John unhurriedly took Tony through the process to see whether he understood enough of legal proceedings to be competent to give evidence both as witness to the attack on Joe and as the victim of an assault. This interview was so different from the one the DPB had held with Tony because John Felton treated him with respect and understanding and took the meeting at Tony’s pace.</p><p>But Gibbs felt humiliated on Tony’s behalf - he who had spent so much of his life involved in enforcing the law and had so often given evidence. He knew it had to be done to be fair to all concerned but it seemed so demeaning. </p><p>“Well, Tony, it’s obvious to me that you know exactly what is involved in giving evidence at a trial and I will be confirming that in writing for the court. Thank you for your time. I wish you all the best for the trial.”</p><p>The next hurdle was for them to come up with a list of the kind of support that Tony might need during the trial, so Gibbs and he sat down together to come up with a list.</p><p>“If I get tired I sometimes forget my words or what they mean. Sometimes I can’t concentrate.”</p><p>“So what sort of help do you need?”</p><p>“Not to have to talk too long at a time. Someone to remind me what a word means or use a different one.”</p><p>“Fine, write that down and we’ll send the information off.”</p><p>In the letter acknowledging that information the court named Mrs Karen Miller as the person assigned to help him as she already knew Tony.</p><p>“Surely you can make this go away. An old man and a retard. Our families are too important to let this happen.”</p><p>“Senator Greenacre, your son and his friends were apprehended after they were seen running from the scene and were caught on the street cameras. Jason even had the knife still in his hand.”</p><p>“I’m sure we can find someone to help our case if the price is right but you need to understand that Mr DiNozzo-Gibbs is connected through his time at NCIS. He’s got a seriously good reputation as a cop and as an agent. He’s also got the pity vote because of the brain injury he got in the line of duty. He’s a hero. I’m going to try to minimise the damage your son and his friends caused and muddy the waters but they may well have to suck it up this time.”</p><p>“What about…?”</p><p>“And don’t even think of touching the jury. It’s just too risky. The MCRT, the team DiNozzo-Gibbs worked for, will be on to that like a shot and they have the means to take the matter further.”</p><p>“OK, but do what you can.”</p><p>“I have to make sure it’s not traced back to me.”</p>
  </div></div>
<a name="section0008"><h2>8. The Trial: Day One</h2></a>
<div class="story"><div class="fff_chapter_notes fff_head_notes"><b>Summary for the Chapter:</b><blockquote class="userstuff">
            <p>The trial begins and starts to take its toll on Tony.</p>
          </blockquote></div><div class="userstuff module">
    
    <p>Finally the day of the trial arrived. Tony had opted to wear a smart shirt and jeans and the leather jacket he’d worn when he’d first got to know Jethro. He had no need for the armour of a suit, he was on home ground. Some of his memories might have been wiped out but he certainly remembered enough of having to testify at trials. Anyway he wanted those guys to pay for what they had done to Joe so he was determined to see it through.</p><p>They arrived at the courthouse in good time but still had to push through the crowds in the corridors so Jethro put a protective arm round Tony, who he could feel flinching at the noise with people shouting ‘hey, Tony, give us a smile!’ and the slight tremor running through Tony’s body as people pressed against him. Gibbs thought back to when Tony would quickly and confidently make his way through crowds of sailors on a ship, shouting, ‘make a hole’ and flashing smiles at everyone.</p><p>They finally made it to the ante-room that had been put aside for Karen, Tony and Jethro to use for the duration of the trial.</p><p>“Hi. How are you doing?”</p><p>“Alright.”</p><p>“Tony, I’m here to support you when we go into the court-room so if you need any help during the trial let me know. The judge and attorneys know how to help you as well. They’ll try to make sure you understand what they’re asking you but if you don’t, tell them.”</p><p>“They won’t expect you to be on the stand for more than thirty minutes at a time so you don’t get too tired but if you need a break before then let them know. If they don’t seem to be listening to you just ask for me from the stand. They’ve set aside this room if you need to rest.”</p><p>But the room wasn’t exactly restful, with thin walls which allowed the noise in the corridors to carry through and with occasional interruptions as people barged in and then hurriedly backed out as Gibbs glared them into submission.</p><p>The noise levels in the courtroom were rising as friends and relatives of the accused kept arriving. When Jethro and Tony came in they began to jeer so Jethro was relieved to see most of the team there as Vance had arranged for them to be off rotation for a few days so they could attend the proceedings. The press was already there because of the considerable public interest in the case and courtesy of a photograph kindly provided by Senior there was even more interest in one of the victims, the photogenic, very handsome and personable Anthony DiNozzo-Gibbs.</p><p>Once the preliminaries were over Stephen Mitchell presented the Prosecution’s case.</p><p>“I will bring evidence to show that on June 29th this year, Mr Joseph Larsson and Mr Anthony DiNozzo-Gibbs were victims of an aggravated assault, an unprovoked attack by the three defendants, Mark Smith, Jason Greenacre and Donald Halliwell, who punched and kicked both men causing Mr Larsson to suffer a broken rib, bruising and shock, Mr DiNozzo-Gibbs to suffer three broken ribs and bruising and a stab wound by Jason Greenacre while Mr DiNozzo-Gibbs was trying to protect Mr Larsson. Additionally when Mr Dinozzo-Gibbs collapsed due to his injuries he hit his head and suffered a concussion.”</p><p>Then Barbara Morales put forward the Defence case.</p><p>“I will bring evidence to show that the defendants, Mark Smith, Jason Greenacre and Donald Halliwell were victims of an unprovoked attack first by Mr Joseph Larsson and then by Mr DiNozzo-Gibbs, who suffers from a brain injury which causes irrational fits of anger and aggression. He is also a trained fighter. The defendants were only trying to protect themselves because they were afraid for their lives.”</p><p>The prosecution’s first witness, Dr William Francis, gave medical evidence and proceeded to describe the injuries caused to Joe and Tony, presenting photographs to show the bruising and shoeprints on their bodies as well as the injury to Tony’s arm.</p><p>In cross-examination, Barbara Morales said, “Dr Francis, could the bruising and broken ribs have happened earlier than the incident?”</p><p>“Objection. Calls for speculation.”</p><p>“Overruled. The witness is an expert in his field.”</p><p>“It’s possible but unlikely.”</p><p>“But it <i>is</i> possible.”</p><p>“Yes.”</p><p>“Did you investigate this possibility given that one of the victims is elderly and therefore statistically more likely to suffer from falls and the other has difficulty in walking and is therefore more likely to fall?”</p><p>“Well, no. I didn’t see the need to.”</p><p>“Perhaps you should have done.”</p><p>"Objection."</p><p>“Withdrawn. No further questions.”</p><p>Tony was trying to concentrate on the testimony but every time someone shuffled their feet or coughed, his head whipped round to the source of the noise and when the court clerk dropped a book he was handing to the judge, he started violently and Gibbs had to put a hand on his shoulder to stop him from standing up.</p><p>Then came the lunch recess. Gibbs and Karen had already arranged for the ante-room to be furnished more appropriately for Tony’s needs so it had a full-length couch with pillows and a blanket and a set of noise cancelling headphones. In view of the earlier interruptions McGee and Ziva were taking it in turns to stand guard outside the door.</p><p>Tony had just got settled on the couch when he suddenly let out a yell and started to rub his right leg.</p><p>“Cramp?”</p><p>“Yes.”</p><p>As Gibbs massaged Tony’s leg to try to ease the cramp, he thought ruefully that Tony’s unselfishness and kindness always seemed to have bad consequences not just for Tony himself but for him. It seemed to be true that no good deed goes unpunished. Here he was trying to calm down his tense and anxious husband and ease his physical pain, knowing this could be the pattern for days. Bethesda had warned them both that it was best that Tony didn’t stay in one position for too long or else he could get cramp in his legs - yet another legacy of the shooting.</p><p>Luckily, because Tony was naturally active most of the time he hadn’t had cramp for months but now he was having to sit virtually unmoving for hours on end and that was what had caused the trouble.</p><p>Karen said, “Anything I can do?”</p><p>“Thanks, got it. Hot chocolate and coffee?”</p><p>“Sure thing. Marshmallows with the hot chocolate, Tony?”</p><p>“Please. Thank you. Sorry I’m such a bother.”</p><p>“Honey, you’re <i>never</i> a bother.”</p><p>“Gibbs, your usual tar?”</p><p>“Yup.”</p><p>“I have to make coffee like that for him every day!”</p><p>After lunch, Dr Vincent Michael, a member of the police department forensics team then produced evidence showing that the shoe prints on both Joe’s and Tony’s bodies matched the shoe prints of the shoes that the defendants were wearing when they had been caught and that DNA under their fingernails matched that of Joe and Tony.</p><p>In cross-examination, Barbara Morales asked Dr Michael, “Do you work with Ms Abigail Sciuto?”</p><p>“Objection. Relevance.”</p><p>“If you will allow me to continue, Your Honour, I will show the relevance of my question.”</p><p>“Then continue.”</p><p>“Ms Abigail Sciuto is the forensic scientist attached to MCRT for which Mr DiNozzo-Gibbs worked. Do you work with her?”</p><p>“No, I don’t.”</p><p>“Do you know her?”</p><p>“I know <i>of</i> her because she has a national reputation as a forensic scientist and has written many well-regarded papers.”</p><p>“So, the evidence you have produced may have been influenced by your admiration for Ms Sciuto?”</p><p>“Objection. Because of the link between Ms Sciuto and Mr DiNozzo-Gibbs we ensured that Dr Michael had never worked with Ms Sciuto. The fact that she has a national reputation is irrelevant.”</p><p>“Objection sustained.”</p><p>“No further questions.”</p><p>Because it had been arranged that Tony and Joe would be sequestered from each other as they gave their testimony, Karen and Tony went back into the ante-room while Joe was giving his evidence, leaving Jethro in the courtroom.</p><p>Once Joe had finished giving his testimony he was duly cross-examined by the Defence.</p><p>“I suggest that you lost your temper with the defendants and then tried to manhandle them out of the store.”</p><p>“That’s not true. They started it. They insulted Tony and I objected to that and asked them to leave the store and then one of them pushed me and punched me and knocked me to the ground. Then they all started to kick me. When Tony came to protect me they punched him and that man,” pointing to Jason Greenacre, “stabbed Tony. When Tony fell down they started kicking him."</p><p>“How do we know that Mr DiNozzo-Gibbs and you did not conspire to come up with this story together?”</p><p>“Objection.”</p><p>“Sustained.”</p><p>But Barbara could see that her point had been noted by the jury.</p><p>Judge Florence Saunders then adjourned for the day and Jethro went back to the ante-room to take Tony home but before that Jethro knew he had to talk to him.</p><p>He had looked at Tony while the medical and forensic evidence was being given and saw that he was exhausting himself trying to concentrate on following the questions and answers as they went backwards and forwards especially since he was being distracted by trying to follow what was happening in the body of the courtroom.</p><p>Once Jethro was back in the ante-room, he said goodbye to Karen and when she had gone, he sat next to Tony and took his hand.</p><p>“Sweetheart, you know I love you.”</p><p>Then came that glorious smile.</p><p>“Of course, and I love you too, Jethro. Why?”</p><p>“I know you promised Joe to tell him what was happening in the trial as he can only afford to close the store for as long as he’s on the stand. Would it help if each evening we went over what the witnesses are saying so you can pass it on to Joe?”</p><p>“I feel stupid.”</p><p>“I know you’re not, my love, but you’re tiring yourself out trying to concentrate.”</p><p>Tony whispered, “It’s so difficult now. It didn’t used to be.”</p><p>“I know my love, I know. Life’s not fair is it?”</p><p> So that evening and every evening of the trial Gibbs took his husband through the testimony, making notes for Joe and making sure that Tony knew exactly what was happening in the trial.</p><p>But once they’d gone to bed Tony had woken up Gibbs with his tossing and turning and then left their bed without coming back. Jethro silently went to the living-room and looked in on Tony who was on the couch staring into space: he knew that his husband needed time to come down from his adrenaline high so he left him there.</p>
  </div></div>
<a name="section0009"><h2>9. The Trial: Day Two</h2></a>
<div class="story"><div class="fff_chapter_notes fff_head_notes"><b>Summary for the Chapter:</b><blockquote class="userstuff">
            <p>Tony gives evidence at the trial.</p>
          </blockquote></div><div class="userstuff module">
    
    <p>The came Tony’s turn to give evidence and Gibbs watched as he walked slowly and confidently to the stand, settling himself in the chair and then leaning forward slightly to help his concentration. Despite being surrounded by so many people Gibbs thought how alone he looked but of course Tony was in many ways alone. His brain injury often set him apart and now he saw and experienced things differently from the way most people did.</p><p>Once Tony was sworn in Stephen Mitchell started his questioning.</p><p>“Mr DiNozzo-Gibbs, is it alright if I call you Tony?”</p><p>“Yes. That’s my name.”</p><p>“Thank you. Can you tell me what happened on June 29th this year when you went to the store?”</p><p>“I went to get Jethro some coffee and some food to make a meal.”</p><p>“Who is Jethro?”</p><p>“My husband.”</p><p>“Then what?”</p><p>“I talked to Joe.”</p><p>“Do you mean Mr Joseph Larsson?”</p><p>“Yes.”</p><p>“Then what happened?”</p><p>“I was looking along the shelves when those men came in.”</p><p>Stephen interrupted. “Note that Mr DiNozzo-Gibbs has pointed to the three defendants.”</p><p>“Please continue.”</p><p>“They took beer off the shelves, then saw me and started calling me names.”</p><p>“What names?”</p><p>“Retard. Gimp.”</p><p>“Do you know what those names mean?”</p><p>“Of course. Stupid and can’t walk properly.”</p><p>“Then what happened?”</p><p>“Joe talked to them. He asked them to stop and to leave.”</p><p>“Did they?”</p><p>“No. One of them, Donald Halliwell, started to push and then punch Joe."</p><p>“What did you do then?”</p><p>“Donald Halliwell had knocked Joe to the ground and they all had started to kick him so I punched them and pulled them off Joe."</p><p>“What happened next?”</p><p>“They carried on fighting me.”</p><p>“How?”</p><p>“Punching me. I fought back and then they started running out the door but Jason Greenacre stabbed me in the arm.”</p><p>“What happened next?”</p><p>“It hurt and I started to - started to...”</p><p>The judge said, “Tony, do you want to stop?”</p><p>Tony shook his head and then took a deep breath and continued. “I started to black out. I don’t remember any more until I woke up in the hospital.”</p><p>“Thank you. No further questions.”</p><p>Judge Saunders was a wise woman and could see that Tony was beginning to struggle.</p><p>“I see that it is now 3pm. I am adjourning proceedings until tomorrow at 10am. Thank you.”</p><p>Once court was adjourned, Jethro kissed Tony and said, “You’re doing great honey. Karen, thank you once again."</p><p>“Now, sweetheart, let’s go home.”</p><p>That night Tony again left their bed and stayed in the living-room for most of the night. He was starting to look more and more exhausted and Gibbs knew he had to do something.</p>
  </div></div>
<a name="section0010"><h2>10. The Trial: Day Three</h2></a>
<div class="story"><div class="fff_chapter_notes fff_head_notes"><b>Summary for the Chapter:</b><blockquote class="userstuff">
            <p>Tony is cross-examined and the trial takes even more of a toll on him. Jethro calls on Ducky for help.</p>
          </blockquote></div><div class="userstuff module">
    
    <p>“Good morning, Mr DiNozzo-Gibbs.”</p><p>“Call me Tony.”</p><p>“Can you confirm that eighteen months ago you suffered a brain injury which among other things has affected your memory?”</p><p>“Yes, but…”</p><p>“Please answer yes or no.”</p><p>“Yes.”</p><p>“So how can you be sure you’ve remembered what happened accurately?”</p><p>“I know what I saw, I don’t make things up.”</p><p>“Or perhaps your concentration lapsed? That’s another deficit I understand you’ve been left with.”</p><p>“Objection.”</p><p>“Sustained.”</p><p>“As a police officer and federal agent did you often use violence?”</p><p>“Objection.”</p><p>“Sustained.”</p><p>“I’ll rephrase. In your job did you ever use force?”</p><p>“Yes. If someone tried to run away or they fought.”</p><p>“You never hit first?”</p><p>“Sometimes if they were going to hurt someone.”</p><p>“Or if they tried to hurt you?”</p><p>“Yes.”</p><p>“You were used to getting physical in your job?”</p><p>“I don’t understand.”</p><p>“I’ll rephrase. Did you sometimes fight people in your job?”</p><p>“If I had to.”</p><p>“Were you trained how to fight?”</p><p>“Yes.”</p><p>“I suggest that you started the fight and the defendants were only defending themselves against you.”</p><p>“No.”</p><p>“Isn’t it true that one of the symptoms of the type of brain injury that you have is aggression?”</p><p>Tony started to shift in his seat.</p><p>“Objection. Irrelevant. Counsel is making a general statement that does not apply to the witness.”</p><p>Judge Saunders intervened. “Overruled. The court needs evidence as to whether or not this statement applies to the witness.”</p><p>Stephen Mitchell said, “In that case I will call witnesses to testify to Mr DiNozzo-Gibbs’ character and his behaviour after the shooting which caused his brain injury.”</p><p>Ms Morales said, “I have no further questions of this witness.”</p><p> Stephen Mitchell then called Dr James Cruttenden to the stand.</p><p>Dr Cruttenden from Bethesda Hospital then proceeded to give medical and character evidence about Tony’s behaviour once he was awake after his shooting and had started to become aware of his surroundings.</p><p>“He was pretty out of it for a while - couldn’t talk and had to be fed by tube. Once he had improved somewhat, we arranged to send him to the Naval Rehabilitation Centre for further help.”</p><p>“How did he react to that?”</p><p>“He became distressed when he was told that he wouldn’t be able to see his husband for the first nine days of his stay there.”</p><p>“Did you see him being aggressive or violent during his stay?”</p><p>“Not at all.”</p><p>“Thank you. No further questions.”</p><p>Then Barbara cross-examined him and said, “Did you see Mr DiNozzo- Gibbs hit anyone while he was your patient?”</p><p>“Yes, but…”</p><p>“Please answer yes or no.”</p><p>“Yes.”</p><p>“No further questions.”</p><p>“Your Honour, permission to redirect?”</p><p>“Go ahead.”</p><p>“Thank you.”</p><p>“Dr Cruttenden, could you give me more information about when Mr DiNozzo hit someone?”</p><p>“Yes, certainly. I was there when he was flailing about and somewhat out of it. That’s when he hit one of the nurses by accident.”</p><p>“Thank you. No further questions.”</p><p>Then the judge announced a recess for lunch and once again Tony, Jethro and Karen went to the ante-room.</p><p>In the afternoon the jury heard from Dr Andrew Jacobs of the Naval Rehabilitation Centre.</p><p>“Good afternoon, Dr Jacobs. I understand that you were the team lead for the team delivering the programme that Mr DiNozzo-Gibbs followed shortly after his shooting. Could you tell me what the purpose of the programme was?”</p><p>“This programme is designed to provide intensive therapy for people who have suffered traumatic brain injury by helping them to relearn how to walk and talk, dress and bathe for instance.”</p><p>“Could you describe Mr DiNozzo-Gibbs’ behaviour during the time he was attending the programme?”</p><p>“He put in a lot of effort although he was very unhappy at the beginning.”</p><p>“Why is that?”</p><p>“One of our rules is that the patient does not see close family for the first nine days so Tony was missing his husband a great deal but he did make good progress despite that.”</p><p>“Did you see him exhibit any signs of aggression during his stay?”</p><p>“None at all.”</p><p>“Thank you. No further questions.”</p><p>Then Barbara Morales stood up.</p><p>“Was Mr DiNozzo-Gibbs on any drugs at this time?”</p><p>“Yes, they…”</p><p>“Just answer yes or no please.”</p><p>“Yes.”</p><p>“Then, is it possible that he exhibited no signs of aggression because he was under the influence of drugs?”</p><p>“No, they weren’t…”</p><p>“Thank you, that is all.”</p><p>“Your Honour, permission to redirect?”</p><p>“Go ahead.”</p><p>“Thank you.”</p><p>“Dr Jacobs, you stated that Mr DiNozzo-Gibbs was prescribed drugs while he was at the Centre. It has been implied that they might been ones that could have dampened down any possible propensity for aggression. Could you please state what drugs he was on in layperson’s terms?”</p><p>“They were pain-killers to help reduce the pain he was suffering after the operation to repair the wound he sustained when he was shot. He was also prescribed ointment to help reduce some skin irritation he was suffering from at the site of the wound. Neither was mood-altering.”</p><p>“Thank you. No further questions.”</p><p>Jethro had seen the tension building in Tony throughout the trial as he continued to scope out the courtroom, alert for signs of danger and positioning his hands as though they were holding a gun.</p><p>Karen had asked Tony on several occasions, “Are you alright Tony?”</p><p>“Y-yes-fine.”</p><p>And she’d looked at Jethro who had mouthed, “No.”</p><p>By this time, Gibbs was thinking, “My dear love, you’re running on empty, aren’t you? But I can’t say that to your face because you’d think that meant that I didn’t support you. So each day you’ll turn up, put your game face on and sit through what for you is becoming a torturous and exhausting process just so that you can see justice done for your friend.”</p><p>That night Gibbs phoned Ducky.</p><p>“Duck, I’m really worried about him. He’s putting himself through it: he’s hardly sleeping and he’s always on the alert and he can’t come down in the evening. He can’t get sick again. Could you give him something to help him relax during the trial?”</p><p>Ducky knew it was serious. Jethro only asked in that tone of voice if it was vital and then only ever for Tony.</p><p>“Yes, Timothy and Ziva mentioned to me that they thought Anthony wasn’t looking himself but put it down to his worrying about Mr Larsson.”</p><p>“But you know that I can’t just slip Anthony drugs without his knowing. It would be unethical and a betrayal of trust.  I’m sorry, it’s just not on - but I’ll try to persuade him to take something that would help him to sleep without affecting him during the day.”</p><p>“I suppose it’s better than nothing.”</p><p>“Come on, Jethro, I know you’re worried, but be realistic. What I’m proposing is the best I can do.”</p><p>That evening, Ducky came round for a meal with Gibbs and Tony.</p><p>“How are you my dear boy? You look a bit pale. How are you sleeping?”</p><p>Tony shrugged. “I’m alright - a bit tired.”</p><p>“I could give you something to help you rest.”</p><p>“But, but - drugs.”</p><p>“Yes, I know the effect that some drugs have on you but this would be a very mild medicine.”</p><p>Tony looked at Jethro uncertainly.</p><p>“Jethro?”</p><p>“You know it’s your decision but you do need your rest. You want to do your best for Joe don’t you?”</p><p>Gibbs hated to manipulate Tony like this but he saw it as the end justifying the means. Tony must <i>not</i> get sick again and if that meant persuading him to agree to something he normally wouldn’t do then so be it.</p><p>Ducky gave Tony the tablets - enough to cover ten more days which everyone hoped would be the longest the trial would be likely to last.</p><p>“Now, Anthony, you take one tablet with your evening meal and that should give you a restful night’s sleep.”</p><p>“Thank you, Ducky.”</p><p>For the first time in days, Tony got a good night’s sleep but the tablets couldn’t stop him from being on high alert and still scoping the room throughout the day while they were in the courtroom.</p>
  </div></div>
<a name="section0011"><h2>11. The Trial: Day Four</h2></a>
<div class="story"><div class="fff_chapter_notes fff_head_notes"><b>Summary for the Chapter:</b><blockquote class="userstuff">
            <p>The defendants give their evidence which is somewhat different to that of Tony and Joe.</p>
          </blockquote></div><div class="userstuff module">
    
    <p>Then Stephen Mitchell called Luke McLaren to the stand to testify about Tony’s behaviour during his latest illness.</p><p>“Mr McLaren, could you state your credentials for the jury please.”</p><p>“I am a board-certified physical therapist and one of the team leaders of the Physical Therapy Department at Bethesda Hospital.”</p><p>“How do you know Mr DiNozzo-Gibbs?”</p><p>“I was part of the team which treated him during his illness nine months ago.”</p><p>“I understand the team had a nickname for him.”</p><p>“Yes, ‘sweetheart’.”</p><p>At this the witness shot an apologetic glance in Tony and Jethro’s direction. Gibbs scowled. He’d not heard that before. Stephen should have warned Tony. Then he looked at his husband who was blushing, so with a wicked look he took Tony’s hand and whispered, “You are a sweetheart and you’re my sweetheart.” Tony blushed even more. </p><p>“Why did you give him that nickname?”</p><p>“Because he was just that. When he was in the hospital and as an outpatient he visited other patients, especially those without friends or family nearby even while he wasn’t at all well himself and although he doesn’t have to come for appointments so often now he’s still visiting some of the patients in between appointments.”</p><p>“Objection. Hearsay.”</p><p>“Did you see this for yourself?”</p><p>“Yes. I saw it several times.”</p><p>“Objection overruled.”</p><p>“Please continue.”</p><p>“Sometimes I had to collect Tony from another ward because he had disappeared after one of his physical therapy sessions and then I’d find him talking to one of the other patients, trying to cheer them up. I was also one of the team giving him physical therapy.”</p><p>“Why else did the medical staff give him that nickname?”</p><p>“Because he always persevered - wanting to do more exercises if he could even when he was getting very tired - he’d get frustrated.”</p><p>“Did he ever get angry?”</p><p>“Yes.”</p><p>“How did this manifest itself?”</p><p>“He would tell me he needed to do more, he needed to try harder. He got angry at himself.”</p><p>“No further questions.”</p><p>Barbara Morales began her cross-examination.</p><p>“From what you describe, Mr DiNozzo-Gibbs seems to be quite the saint.”</p><p>“I’ll withdraw,” she said as Stephen Mitchell got up to object.</p><p>“Are you quite sure that this anger at himself didn’t translate into anything else?”</p><p>“I’m not sure what you mean.”</p><p>“Did he show his anger to anyone else?”</p><p>“Not at all. He deserved his nickname because he was so sweet-natured during his stay and continues to be as an outpatient.”</p><p>“Thank you. No further questions.”</p><p>Stephen Mitchell got up. “The Prosecution rests.”</p><p>The judge then called the recess for lunch.</p><p>At 2pm the Defence started to present its case.</p><p>“I call Dr Malcolm Archer.”</p><p>“Dr Archer, you have examined the photographic evidence showing the bruising to Mr Larsson and Mr DiNozzo-Gibbs. Could you tell me what you observed?”</p><p>“Well the bruising looks as though it was caused earlier than the day of the incident.”</p><p>“What makes you say that?”</p><p>“The colour of the bruises is consistent with that interpretation. I would also add that given Mr Larsson’s age and Mr DiNozzo-Gibbs’ physical condition it is entirely possible that much of the bruising and the broken ribs were caused by falls rather than the incident in question.”</p><p>“Thank you. No further questions.”</p><p>Stephen Mitchell stood up to cross-examine the witness.</p><p>“Good afternoon. Can I just clarify for the sake of the jury that when you talk about ‘the incident’ you mean the assault that took place June 29th?”</p><p>“Well, yes.”</p><p>“I am handing you a copy of a report produced by Dr Anne Munroe, Mr Larsson’s primary care physician, stating that in the twenty years she has been treating Mr Larsson she has never had to treat him for injuries caused by a fall nor has he ever shown any symptoms of vertigo or other problems with his balance. The members of the jury already have copies of this.”</p><p>“Perhaps this is the first time Mr Larsson has fallen.”</p><p>“Your Honour, I ask that this comment be stricken from the record.”</p><p>“Agreed. I ask the jury to forget the last sentence.”</p><p>“I am now handing you a copy of the report produced by Dr Brad Pitt, Mr DiNozzo-Gibbs’ doctor based at Bethesda, after he carried out Mr DiNozzo-Gibbs’ usual annual physical examination on June 28th. In it he makes absolutely no mention of any bruising or broken ribs. The members of the jury already have copies of this report. Would you care to comment in the light of your earlier testimony?”</p><p>“Well, Mr DiNozzo-Gibbs could have fallen during the day.”</p><p>“This examination took place at 8pm.”</p><p>“Well, perhaps the fall took place later that night.”</p><p>“I think you are reaching.”</p><p>“Objection.”</p><p>“Sustained.”</p><p>As with Joe and Tony, the defendants had been kept separate from each other so they couldn’t hear each other’s testimony.</p><p>Jason Greenacre came to the stand first.</p><p>“Mr Greenacre, could you describe the events of the morning of June 29th this year at Mr Larsson’s store.”</p><p>“Sure. We, that is my friends, Mark and Don and I went to the store to get some beers and we were putting them in the shopping cart and suddenly this old guy, I mean Mr Larsson, came up to me and started yelling at me and pushing me so I tried to stop him.”</p><p>“What did you do?”</p><p>“Asked him to stop and held on to his arm.”</p><p>“What happened next?”</p><p>“DiNozzo-Gibbs just came up to me and started punching me.”</p><p>“Just to confirm. Did you do anything to provoke this behaviour?”</p><p>“Not at all. We were just going about our business.”</p><p>“How did you feel?”</p><p>“I was afraid for my life. DiNozzo-Gibbs was vicious. He was like a whirlwind.”</p><p>“What did you do?”</p><p>“I tried to defend myself as best I could, that’s why I stabbed him, I thought he was going to kill me.”</p><p>“Thank you. No more questions.”</p><p>Then Stephen Mitchell started his cross-examination.</p><p>“Mr Greenacre, can I just check that I have understood this correctly? You are saying that Mr Larsson started to yell at you and to push you without any reason?”</p><p>“Yup.”</p><p>“How tall are you?”</p><p>“Objection. Irrelevant.”</p><p>“Overruled.”</p><p>“About 6ft 5in.”</p><p>“How much do you weigh?”</p><p>“Hey, that’s personal.”</p><p>“Please answer the question.”</p><p>“About 250lbs.”</p><p>“And how tall would you say Mr Larsson is?”</p><p>“Don’t know.”</p><p>“Well, he’s 5ft 7in. and of slim build.  A bit foolhardy for someone of his build to try to start getting physical with someone of your build don’t you think?”</p><p>“Objection.”</p><p>“Sustained.”</p><p>“Perhaps he’s senile.”</p><p>" Your Honour, motion to strike from the record."</p><p>"Agreed. The jury will disregard the defendant's last comment."

</p><p>“And you are saying that Mr DiNozzo-Gibbs did the same - that is started to attack you unprovoked?”</p><p>“Sure. One minute he was limping along muttering to himself and the next he was joining in and punching me. They were in it together.”</p><p>“Is that why you were carrying a knife in case an elderly man and one with mobility problems might suddenly attack you? Do you think that in that case three to two is good odds?”</p><p>“Objection.”</p><p>“Sustained.”</p><p>“I have no more questions of this witness.”</p><p>“I call Mr Donald Halliwell.”</p><p>“Mr Halliwell, could you describe the events of the morning June 29th this year at Mr Larsson’s store.”</p><p>“Sure. We, that is my friends, Mark and Jason and I went to the store to get some beers and we were putting them in the trolley and suddenly this old guy, Mr Larsson, came up to me and started yelling at Jason and pushing him so I tried to stop him.”</p><p>“What did you do?”</p><p>“Asked him to stop and held on to his arm.”</p><p>“What happened next?”</p><p>“DiNozzo-Gibbs just came up to me and started punching me.”</p><p>“Just to confirm. Did you do anything to provoke this behaviour?”</p><p>“Not at all. We were just going about our business.”</p><p>“How did you feel?”</p><p>“Frightened. DiNozzo was vicious and like a whirlwind. I was afraid for my life.”</p><p>“Thank you. No more questions.”</p><p>“Good morning Mr Halliwell.”</p><p>“Could you tell me why you and your friends kicked Mr Larsson and Mr DiNozzo?”</p><p>“We were afraid for our lives.”</p><p>“Mr Larsson is 5ft 7in tall and of slim build. Why did you feel so threatened?”</p><p>“Well it wasn’t him so much as DiNozzo, he was like a whirlwind and vicious with it.”</p><p>“But according to Mr Larsson you started to attack him first and Mr DiNozzo was only trying to protect him.”</p><p>“No, Mr Larsson started it, he started to push and shove me.”</p><p>“But what you and your friends did to him seems out of all proportion.”</p><p>“Objection.”</p><p>“Sustained.”</p><p>“You kicked him and broke one of his ribs – your shoe prints match the site of the injury.”</p><p>“Yeah. That was a mistake.”</p><p>“Surely more than just a mistake.”</p><p>“Withdrawn.”</p><p>“Moving on to the fight with Mr DiNozzo-Gibbs - you say that you were frightened of him. Could you elaborate?”</p><p>“He just came at us, punching away at us and wouldn’t stop, so we had to stop him somehow. We were frightened that he would really do us some damage.”</p><p>“You mean like the damage that your friend, Jason, did to Mr DiNozzo-Gibbs’ arm?”</p><p>“We had to stop him somehow.”</p><p>“Thank you. No further questions.”</p><p>Barbara Morales then called Mr Mark Smith to the stand.</p><p>“Mr Smith, could you describe the events of the morning June 29th this year at Mr Larsson’s store?”</p><p>“Sure. We, that is my friends, Don, Jason and I went to the store to get some beers and we were putting them in the trolley and suddenly this old guy, Mr Larsson, came up to me and started yelling at Jason and pushing him so I tried to stop him.”</p><p>“What did you do?”</p><p>“Asked him to stop and held on to his arm.”</p><p>“What happened next?”</p><p>“DiNozzo-Gibbs just came up to me and started punching me.”</p><p>“Just to confirm. Did you do anything to provoke this behaviour?”</p><p>“Not at all. We were just going about our business.”</p><p>“How did you feel?”</p><p>“Scared. He was vicious. We had to protect ourselves somehow.”</p><p>“Thank you. No more questions.”</p><p>Then Stephen Mitchell stood up to cross-examine Mark Smith.</p><p>“Mr Smith, could you tell me why you and your friends kicked Mr Larsson and Mr DiNozzo?”</p><p>“We were afraid for our lives.”</p><p>“Why did you feel so threatened by Mr Larsson?”</p><p>“Well it wasn’t him so much as DiNozzo-Gibbs, he was a whirlwind and vicious with it.”</p><p>“But according to Mr Larsson you started to attack him first and Mr DiNozzo was only trying to protect him.”</p><p>“No, Mr Larsson started it, he started to push and shove me.”</p><p>“Moving on to the fight with Mr DiNozzo-Gibbs - you say that you were frightened of him. Could you elaborate?”</p><p>“He just came at us, punching away at us and wouldn’t stop, so we had to stop him somehow. He was like a whirlwind and vicious with it. We were frightened that he would really do us some damage.”</p><p>“You mean like the damage that your friend, Jason did to Mr DiNozzo-Gibbs’ arm? and the three broken ribs that he sustained?”</p><p>“We had to stop him somehow.”</p><p>“I would like the jury to note the, you might almost say, uncanny similarity of how they describe Mr DiNozzo-Gibbs’ fighting style. And yet how uncertain they are about which of them held on to Mr Larsson’s arm.”</p><p>“Objection.”</p><p>“Sustained.”</p><p>Judge Saunders said, “I see that it is now four o’clock, so I am adjourning until tomorrow at 10am.”</p>
  </div></div>
<a name="section0012"><h2>12. The Trial: Day Five</h2></a>
<div class="story"><div class="fff_chapter_notes fff_head_notes"><b>Summary for the Chapter:</b><blockquote class="userstuff">
            <p>The case for the Defence continues and the trial ends.</p>
          </blockquote></div><div class="userstuff module">
    
    <p>The next morning Barbara Morales continued the case for the Defence.</p><p>“I call Mr Graham Jones to the stand.”</p><p>“Mr Jones, could you tell the court how you know Mr DiNozzo-Gibbs?”</p><p>“I was a ward orderly at Bethesda when he was there.”</p><p>“I understand you witnessed aggressive behaviour by Mr DiNozzo-Gibbs.”</p><p>“Sure, he tried to push over another patient and another time he threw a punch at me for no reason and I had to subdue him because he tried to knock me out.”</p><p>“Had you done anything to cause the incidents?”</p><p>“Not at all. He’s just a vicious man.”</p><p>“Thank you. No further questions.”</p><p>Then Stephen Mitchell stood up.</p><p>“Could you tell me more about the incident when you say Mr DiNozzo-Gibbs tried to push over another patient?”</p><p>“Well he was walking along and then suddenly pushed against this other patient and nearly knocked him over.”</p><p>“Would it surprise you to know that I have a deposition from Simon Best, a patient at Bethesda who is still too ill to come to court, saying that he witnessed this and it happened while Mr DiNozzo-Gibbs was learning to use a walker and overbalanced and once he realised what was happening he apologised profusely.”</p><p>“Well, perhaps DiNozzo-Gibbs got to him.”</p><p>“Objection.”</p><p>“Sustained.”</p><p>“Mr Jones, do you still work at Bethesda?”</p><p>“No.”</p><p>“Could you tell me why you left?”</p><p>“I don’t see what that’s got to do with anything.”</p><p>“Isn’t it true that you were fired for abusing patients?”</p><p>“They framed me. DiNozzo was out to get me.”</p><p>“Oh, in what way?”</p><p>“He put my brother away and now he’s serving ten.”</p><p>“Isn’t it true that the hospital found that you had tried to abuse Mr DiNozzo-Gibbs and other patients and that is why they fired you and that you have a grudge against Mr DiNozzo-Gibbs in particular, precisely because he was instrumental in having your brother sent to prison?”</p><p>“They were all against me.”</p><p>“Thank you. No more questions.”</p><p>The abuse that Tony had suffered in hospital was news to Jethro. Typically Tony hadn’t thought it worth mentioning to him.</p><p>Barbara MoraIes then called Charles Philimore to the stand.</p><p>“Mr Philimore, could you describe an incident that happened on May 5th last year?”</p><p>“Yeah, I was walking along minding my own business when this guy,” pointing to Tony, “came up beside me and then tripped me up. I fell down hard and ended up with a sprained knee.”</p><p>“What did you do?”</p><p>“I was too shocked to do anything and anyway the guy had gone by the time I managed to get up.”</p><p>“Thank you. No more questions.”</p><p>Stephen Mitchell got up to cross examine the witness.</p><p>“This incident happened a while ago so what made you come forward now?”</p><p>“I didn’t know who the guy was until now when I saw his picture in the paper.”</p><p>“You’re very certain about the day of the incident - why?”</p><p>“Well, it was the day of the big game and my team had won. Normally I would have stayed behind to celebrate with the friend I went with but he had something else he had to do so I was on my way home and I happened to look at my watch just before the attack happened.”</p><p>“Did you do anything to cause this attack?”</p><p>“Not at all.”</p><p>“By the way what do you know about bi-location?”</p><p>“Objection. Relevance.”</p><p>“Sustained.”</p><p>“I’ll rephrase. Do you know anyone who is capable of being in two places at once?”</p><p>“Objection. Relevance.”</p><p>“Sustained.”</p><p>“The purpose of my question will be very clear in a few seconds.”</p><p>“Overruled then but make sure it <i>is</i> made clear very shortly.”</p><p>“According to your testimony, Mr DiNozzo-Gibbs was attacking you at about six o’clock on May 5th but according to his friends and neighbours he was celebrating his birthday at home well before, during and after the time you gave.”</p><p>“They must be lying.”</p><p>“In that case the date and time stamped video footage they recorded of the party must be wrong.”</p><p>“Perhaps I was mistaken about the date.”</p><p>“But you were so certain before. Do you want to reconsider?”</p><p>“Perhaps it was some other guy after all.”</p><p>“Yes perhaps it was. No further questions.”</p><p>Barbara Morales stood up and said, “The Defence rests.”</p><p>Then Stephen Mitchell stood up to present the closing argument for the Prosecution.</p><p>“The Defence has implied that Mr Larsson and Mr DiNozzo-Gibbs conspired to attack the three defendants but has provided neither motive nor evidence to support this statement.”</p><p>“They have also argued that the two victims were the ones that started the assault and that the defendants had acted in self-defence as they were afraid for their lives because of the way in which Mr DiNozzo-Gibbs fought them. I ask the jury to take account of the youth and physical size of the defendants in comparison to Mr Larsson. The jury should also note that Mr DiNozzo-Gibbs suffers problems with his mobility.”</p><p>“The defendants seem unable to agree which of them held onto Mr Larsson's arm in his alleged attack on them but interestingly they all use the same words to describe Mr DiNozzo-Gibbs when he was fighting them.”</p><p>“The Defence have produced witnesses giving evidence aiming to prove that Mr DiNozzo-Gibbs suffers from fits of aggression because of the brain injury he is suffering from.”</p><p>“While this can be a consequence with some individuals, the Defence’s evidence to try to support this in the case of Mr DiNozzo-Gibbs has been disproved by that of the Prosecution. During cross-examination, it has emerged that one Defence witness has a grudge against Mr DiNozzo-Gibbs and another suffers from a problem with his memory.”</p><p>“I therefore suggest that the only verdict, you, the jury, can return is one of guilty of aggravated assault.”</p><p>Barbara Morales then delivered her closing argument.</p><p>“These three men came into the store just to buy some beer only to be attacked and made to fear for their lives.”</p><p>“Mr DiNozzo-Gibbs is a trained fighter and followed a career requiring a very physical response to situations he found himself in. He now suffers from a brain injury which among other consequences can lead to irrational fits of anger and aggression. He fought my clients so viciously that they were afraid for their lives and quite understandably defended themselves as best they could and yes, they admit that perhaps they took that too far in the heat of the moment.”</p><p>“I therefore ask that you find them not guilty by reason of self-defence.”</p><p>The jury were given their instructions to the effect that if they believed the evidence that Mr Larsson and Mr DiNozzo were victims of an unprovoked assault resulting in their injuries then the jury was to find the defendants guilty of aggravated assault.</p><p>On the other hand, if they believed the evidence that Mr Larsson and Mr DiNozzo had attacked the defendants in such a manner that they were afraid for their lives then they were to find them not guilty by reason of self-defence.</p><p>The judge then dismissed the jury to make their deliberations.</p>
  </div></div>
<a name="section0013"><h2>13. The Jury Decides and Jethro Lets His Second b Out</h2></a>
<div class="story"><div class="fff_chapter_notes fff_head_notes"><b>Summary for the Chapter:</b><blockquote class="userstuff">
            <p>The jury considers its verdict and Jethro looks after Tony.</p>
          </blockquote></div><div class="userstuff module">
    
    <p>Once the jury had been dismissed to consider their verdict Jethro hurried Tony out of the courtroom as quickly as he could, allowing himself to be as overprotective as he used to be. He’d already asked McGee to drive them home so that he could sit next to Tony in the back seat to help calm him down.</p><p>“Tony, I’m taking you home for some downtime until they bring in the verdict. I want you to relax as much as possible. For once I’m not taking no for an answer. You’re not getting sick again.”</p><p>“But J-Jethro w-we’ve g-got to tell…” Tony gave up the struggle with his words. Tony hadn’t stuttered this badly since the first DPB interview.</p><p>Gibbs knew he was letting out his second b in the way he was treating Tony but he was not going to see Tony go further downhill because he was stressed. It would be an anxious time for them while they were waiting for the verdict and he dreaded the consequences if it was not guilty as Tony would think he hadn’t done his best by Joe but meanwhile he was going to be as protective of Tony as he could be.</p><p>“I’ll go round and tell Joe what has happened in court today and then I’ll bring your favourite takeout and we can watch your new movie.”</p><p>He made sure Tony was comfortable and went to see Joe.</p><p>“I’m so grateful to both of you for what you’ve done for me.”</p><p>Gibbs barely acknowledged the thanks, anxious to get home to see how Tony was doing.</p><p>When Gibbs got back it was to find Tony stretched out on the couch finally asleep and that so soundly that he didn’t even stir when Jethro passed the pizza under his nose. So Jethro put the food in the oven and sat next to Tony, moving Tony’s head onto his lap and brushing his hand through Tony’s hair.</p><p>Once the jury had elected the foreperson of the jury they started their discussions.</p><p>“He was a fed - trained, used to violence in his job, that’s probably why he chose that career.”</p><p>“Of course not, to protect and serve was his motto and the poor lamb got his injury in the line of duty.”</p><p>“Isn’t that rather irrelevant to this case?”</p><p>“They were afraid for their lives. Mr DiNozzo-Gibbs is a fighting machine.”</p><p>“But he also has mobility problems.”</p><p>“And it was three to two and one of them is a giant.”</p><p>And so the arguments raged back and forth until finally the foreperson called for an indicative vote.</p><p>Guilty - eight hands shot up.</p><p>Not guilty by reason of self-defence - four hands.</p><p>The discussions started again.</p><p>“But they said his brain injury causes aggression.”</p><p>“But the evidence didn’t show that it actually made him aggressive, did it?”</p><p>“Their injuries were much worse than the defendants’.”</p><p>“And anyway, who takes a knife to a store?”</p><p>“He’s so handsome.”</p><p>“Yes, I certainly wouldn’t kick him out of bed.”</p><p>“Lady and gentleman, <i>please</i>! Stop making sexist remarks and concentrate.”</p><p>“That expert witness said some of their injuries could have been caused by falls.”</p><p>“Sure, but what evidence was there for that?”</p><p>After more discussion they took another indicative vote which came out at this ten to two for a guilty verdict.</p><p>During the wait for a verdict Jethro tried his best to keep Tony relaxed and happy but he knew that the only way that was going to happen was if the jury brought in a guilty verdict.</p>
  </div></div>
<a name="section0014"><h2>14. The Trial: The  Verdict</h2></a>
<div class="story"><div class="fff_chapter_notes fff_head_notes"><b>Summary for the Chapter:</b><blockquote class="userstuff">
            <p>After the verdict Tony and Jethro spend time at the cabin.</p>
          </blockquote></div><div class="userstuff module">
    
    <p>After three days, with their nights being spent in a hotel specially allocated to them, the jury came up with a unanimous verdict.</p><p>The judge asked the foreperson for the verdict on each defendant.</p><p>“Guilty.”</p><p>After the verdict was delivered Gibbs got them home at double speed and they cuddled together on the couch with Tony safe in his arms and starting to come down from his almost constant adrenaline high.</p><p>Jethro said, “Sweetheart, how’d you like to go to the cabin for a while? It’ll be nice and quiet, and we could take your keyboard. We could go fishing again.”</p><p>Tony gave him the stink-eye.</p><p>“You know I don’t like to fish.”</p><p>“Just teasing.”</p><p>“I’d like to go to the cabin. I didn’t like being around so many people.”</p><p>That was the nearest that Tony came to admitting the stress that the trial had put him under. Gibbs had known that because Tony reacted to his surroundings differently since the shooting, sitting in the courtroom for any length of time was going to be a challenge. Large groups were normally out and going to any gathering that was likely to be very noisy was no longer possible. If they went to watch a movie it had to be at a small, less popular movie-theatre.</p><p>Tony loved going to the zoo as a special treat but any visit had to be carefully organised for a time when it was likely that few people would be around. More than once they’d had to leave when large, noisy groups had arrived. Any high-pitched continuous sound made Tony put his hands to his ears and get away from its source as quickly as he could.</p><p>“So, shall we go tomorrow?”</p><p>“I want to know the sentence.”</p><p>“Stephen Mitchell will let us know as soon as it’s announced and do you really want to go to the courtroom again to hear it?”</p><p>“Not really.”</p><p>The night before they were due to go to the cabin they were taking a break from packing and were sitting on the couch together.</p><p>“Jethro.”</p><p>“Yes, sweetheart,” Gibbs said absently, his mind on the preparations for their stay at the cabin.</p><p>“Jethro.”</p><p>“Yes - what is it?”</p><p>“I give you so much trouble. I know you love me and I love you but I owe you too much. There’s so much you have to do for me. I couldn’t even sit through the trial p-properly.”</p><p>That finally got Jethro’s attention.</p><p>“You know love and payment don’t go together.”</p><p>Tony looked puzzled.</p><p>“You don’t owe me anything. I love you and I’d do anything for you.”</p><p>“But I don’t do anything for you.”</p><p>“No? Just being with you is enough for me. But if we’re talking about what you do for me - what about last night?” That got a smile from Tony.</p><p>“And I love hearing you play piano for me. You understand when I need to think about Shannon and Kelly - you’ve never ever been jealous of them. You put up with me when I get grumpy and sad and you cheer me up with your jokes.”</p><p>“But I don’t put up with you. I love you.”</p><p>“And it’s the same with me.”</p><p>“Oh.”</p><p>During their stay at the cabin Gibbs encouraged Tony to sleep in and they want to bed early, although not always to sleep. They walked hand in hand through the woods, being careful to avoid uneven paths that might cause Tony to stumble. Gibbs fished while Tony would sit next to him and watch a movie on his laptop or go to sleep. The colour returned to Tony’s face and he became visibly more relaxed, no longer hypervigilant and tense.</p><p>“Happy, love?”</p><p>“Of course, I’ve got you.”</p><p>A week later Stephen Mitchell had phoned Tony to give him the good news that each of the defendants had been sentenced to five years.</p><p>Time passed until Gibbs was satisfied that Tony had recovered from the effects of the trial.</p><p>“Sure you’re OK to go home tomorrow? We can stay longer.”</p><p>“I’m OK. I miss my piano and the neighbours.”</p>
  </div></div>
<a name="section0015"><h2>15. The New Arrivals</h2></a>
<div class="story"><div class="fff_chapter_notes fff_head_notes"><b>Summary for the Chapter:</b><blockquote class="userstuff">
            <p>Jethro realises something about Tony and as a consequence they both welcome two new arrivals while Jethro puts up with the other two.</p>
          </blockquote></div><div class="userstuff module">
    
    <p>It had not dawned on Gibbs that while Tony found plenty to do, he often  liked to do it with other people around him and anyway he loved talking to them and that without anyone to talk to he might sometimes be lonely by himself. Gibbs had so enjoyed his periods of down-time that he’d increased them to several days a week and Tony would see him off with a kiss, a wave and a smile.</p><p>At NCIS Tony had said he did his best work at night. Of course they all thought he’d been referring to his love life but being Tony he’d wrapped up the truth and presented it in such a way to mislead. He <i>had</i> done his best work at night, alone, in the bullpen with no distractions while he sorted out a case in his mind or caught up with paperwork but generally he had liked to be with others - to show off yes - but also because he was sociable and friendly and a team player.</p><p>Now, he couldn’t spend hours concentrating on doing one thing because of his brain injury. Instead, although he didn’t do well in crowds, he still preferred being with other people but, being Tony, he wasn’t going to say that to Gibbs and make him feel obliged to stay with him.</p><p>The weather had been bad for weeks so Tony hadn’t been able to get out to see his ‘harem’ at the park but Gibbs had gone out as usual for several days a week. One day when he’d come back early, Tony had been at the piano and in his eagerness to see Gibbs, he’d knocked over the piano stool and then enveloped him in a bone-crushing hug. Then there had been the time when he’d been kissing Tony hello after spending hours in the workshop and he’d seen the tears in his eyes.</p><p>“Hey, what’s wrong?”</p><p>“Nothing. Sad movie.”</p><p>And Gibbs had swallowed the lie. Some investigator him! Where was the famous Gibbs gut? Finally he had got the message, helped by several of the neighbours commenting on how lost Tony had looked sometimes when they went to visit him and that when he visited the neighbours in turn he’d leave after only an hour or so saying that Jethro would be back at any moment. Through the WhatsApp group thingy that Jethro had got McGee to set up as a further support for Tony, the neighbours knew when Jethro would be away and how long he was likely to be gone so they’d known when that wasn’t true.</p><p>He puzzled over this until he realised that this was part of Tony feeling he had to justify his place in the world. He could give his hospitality to others but didn’t think they would want to ‘put up with him’ for more than an hour or so at a time.</p><p>When people came to visit Tony, he had something to offer, hospitality and music but if he went to them he felt he had nothing to give. Although he stayed with Jane longer because she lived alone.</p><p> “Honey, how do you feel when I’m away?”</p><p>“I’m glad you can go fishing or see your buddies or do your projects in the basement. I like the boat you’re building and the toys you’re making for Christmas.”</p><p>That was the old Tony, deflecting. Right, try another tack.</p><p>“Do you like it when the neighbours drop by?”</p><p>“Yes, and I’ve learned some more music for them. And Jane is teaching me some more recipes.”</p><p>“How do you feel when they leave?”</p><p>“Fine.”</p><p>Now Gibbs knew to be concerned. Tony’s word of choice to indicate he was so not fine was to say he was fine. Gibbs had heard him use the word too often when he’d been shot or had a concussion.</p><p>So now seemed the right time to discuss with Tony his idea of employing a couple to live in the cottage in the grounds to be with Tony at times. He’d been delaying while he tried to think of ways of putting it to Tony that wouldn’t make him feel a burden or useless.</p><p>“How would you like it if there was someone to be with you longer when I’m out and the neighbours aren’t around or the team are on rotation?”</p><p>“Yes, the team don’t always have the time and the neighbours…” Tony couldn’t disguise the hope in his voice.</p><p>“What if we had someone else? Someone who lived in the empty cottage?”</p><p>“Could we? If that’s alright with you.”</p><p>“Honey, it’s only going to happen if it’s alright with you.”</p><p>So Gibbs had phoned Karen for some advice about finding a couple to help. She had a really useful network of contacts but she’d said that she was about to go on a leave of absence for several months but would be only too pleased to help when she got back.</p><p>Anxious to get on with his project Gibbs decided to go it alone. He’d phoned several agencies specialising in matching caregivers to other caregivers and they had selected three couples for Tony and Jethro to talk to.</p><p>It had been interesting but not in a good way. There had been the couple who had kept talking to Gibbs in front of Tony about ‘your poor husband’ and addressing everything they said only to Jethro, the couple who had rolled their eyes whenever Tony searched for a word and the couple who had barely looked up from their cell phones to take part in the conversation. They’d all lasted about five minutes before Gibbs had virtually pushed them out the front door.</p><p>Gibbs was prepared to have to calm Tony down each time but surprisingly Tony hadn’t been hurt just disgruntled. “Jethro, I didn’t like them ignoring me. They were almost as rude as the people at the Disability Pensions Board.”  In the end Jethro had decided to leave it until Karen came back.</p><p>Once he’d reached out to her she had delivered the goods and found several couples who seemed suitable but when they were interviewing Alexandra (‘call me Alix’) and Callum Ferguson (more like a chat as they had got on so well), Tony and Jethro looked at each other and it was obvious that they both agreed. This was the couple they wanted. It helped that Callum was a former Marine and that Alix was a nurse.</p><p>When they told Alix and Callum that the job was theirs the couple hesitated to shake on the deal.</p><p>“We think you ought to know something before we go any further.”</p><p>“Is there a problem?”</p><p>“We don’t think so but we’re biased so we need to tell you something. We have a cat and we know that some people don’t like them and some people are allergic to them.”</p><p>Gibbs had rarely had anything to do with cats and had only owned dogs as a boy. Kelly had once successfully persuaded Shannon to get a rabbit but it had died before he’d come back from one of his tours. He knew Tony hadn’t been allowed any pets growing up and as an adult his only pets had been Kate and Ziva the goldfish.</p><p>“We’re not allergic but could you bring your cat in so we can see it?”</p><p>“Sure. He’s called Jasper. Shall we bring him tomorrow?”</p><p>As agreed, Alix and Callum brought Jasper into the house in his carrier and closed the doors to the living-room so that he would be confined to that one area of the house.</p><p>Alix released the catch of the carrier and out strolled a medium-sized cat with short plush greyish fur and yellow eyes. He took a quick look round, sniffed and then made for Tony, weaving round his legs. Tony looked down and made a tentative effort to stroke him but before he could, Jasper jumped onto his lap purring loudly.</p><p>Alix said, “He doesn’t normally do that straight away. He must really like you.”</p><p>Tony looked into the yellow eyes and Jasper moved up onto Tony’s chest and stretched out, still purring loudly. Gibbs looked at Tony, who was totally concentrated on the cat and obviously entranced by this new arrival.</p><p>Tony started to stroke him, talking nonsense and then Jasper reached out a paw and touched his face. That did it, Tony was lost. He looked up at Gibbs.</p><p>“Jethro?” with an entreating look.</p><p>No, he was not going to give in to that look. He’d accept Jasper but they were not going to have a cat of their own. He was adamant. Then Tony looked at him again and Gibbs remembered once more how little Tony ever asked for and how much he had lost.</p><p>Trying to put aside thoughts of how much was involved in looking after an animal and the fact that he’d promised himself a dog if they were to have a pet, Gibbs resigned himself to the inevitable.</p><p>Suddenly aware that the room was now totally silent apart from Jasper’s purring, Gibbs looked round and saw the smiles on Alix’ and Callum’s faces.</p><p>“Well, it worked. I suppose I’ll need to ask you all you know about looking after a cat and where we can buy a kitten like Jasper.”</p><p>Tony stirred then. “Jethro?”</p><p>“Yes, sweetheart. But you’ll have to look after it. I’ll get the kitten for you but that’s it.”</p><p>“Thank you, thank you.”</p><p>Gibbs basically put their new employees through an interrogation about catlore, getting more and more surprised at the amount of equipment and work involved. He tried to put aside thoughts of litter training, litter-boxes, clutter and the fact that you couldn’t really train cats in the way you could dogs but then comforted himself with the thought that Tony would be dealing with the creature.</p><p>“So, what sort of cat is he?”</p><p>“Oh, you mean what breed? He’s a Burmese and they’re known for being sociable and they like both human and feline company. His colour is known as platinum.”</p><p>Alix knew several breeders nearby so gave them the details.</p><p>Armed with that information they started going round the breeders with Tony looking for a cat like Jasper. Jethro had insisted on him taking the lead as the cat was going to be Tony’s responsibility with Alix and Callum to help him with learning how to look after the cat. Gibbs was just there to pay for the animal.</p><p>After looking at what seemed to Gibbs like hundreds of kittens over a period of weeks, Tony was sitting on the floor playing with yet another litter while Gibbs prayed that at last he’d make a choice when the smallest kitten came up to Tony and kept head butting him and pushing between the other kittens, absolutely insistent that Tony pay attention.</p><p>“But it’s a female and she’s a tortoiseshell! She’s the wrong sex and the wrong colour.”</p><p>Although Jethro had tried to keep his distance from the process he somehow felt short changed.</p><p>Tony had the sort of goofy look he had when on the good painkillers.</p><p>“But she chose me and I like her. She’s still the same breed as Jasper. Anyway, she’s not just a tortoiseshell, she’s a chocolate tortoiseshell. And she’s got red in her colouring and you like redheads don’t you?”</p><p>As far as Tony was concerned that was the end of the matter so all Gibbs could do was pay up with as good a grace as possible.</p><p>“What are you going to call her?”</p><p>“Miss Kitty.” The refence to Gunsmoke totally passed Gibbs by.</p><p>They went to collect her one snowy morning just before Christmas.</p><p>“Tony, you know she’s going to have to be your only Christmas present this year - she’s very expensive.”</p><p> Gibbs had said this knowing that he’d very likely not be able to resist giving Tony more than Miss Kitty.</p><p>“As I explained before I wouldn’t normally let someone have one of my kittens this near to Christmas but I understand that there won’t be many people in the house over the season and anyway this one is very self-confident,” said Ben Havisham, the breeder, handing her over along with her documentation and an assortment of toys.</p><p>They strapped her carrier securely in the back seat of the car. “Drive really slowly, she might get carsick,” Tony said anxiously, looking back over his shoulder. Finally, Gibbs got to the end of his patience with Tony’s anxious comments about the kitten’s wellbeing so he stopped the car and made Tony sit in the back next to the carrier while Miss Kitty yelled her head off in indignation at being imprisoned.</p><p>They eventually got home, Tony getting more and more excited and talking as fast as he could.</p><p>“Hey, Tony, calm down, you’ll make yourself sick.”</p><p>“Oh,” and Tony stopped, deflated.</p><p>“I didn’t mean it. I like to hear you talk. But slow down a bit. It might frighten Miss Kitty.”</p><p>Although Gibbs privately thought that nothing on earth could frighten that animal.</p><p>So, they brought her into the house, undid the carrier and let her out. She immediately jumped onto Gibbs’ shoulder. This wasn’t supposed to happen. Miss Kitty was Tony’s cat.</p><p>Tony’s face fell.</p><p>“She’ll come to you. I’ll get her off my shoulder and give her to you.”</p><p>“No, that’s OK,” but Tony sounded so hurt.</p><p>“She’ll come round.” She’d better he thought. All that money spent on an animal he didn’t really want and now the contrary thing was ignoring Tony. Perhaps they could send her back?</p><p>Then she suddenly disentangled himself from Gibbs’ shoulders and jumped onto Tony’s lap, turned round once and went to sleep. Tony looked at Gibbs.</p><p>“Perhaps she does like me.”</p><p>“Of course she does,” hoping that this would hold true and then feeling a sudden pang of jealousy. If any of his ex-wives and former lovers had told him he’d be jealous of an animal he would have laughed them to scorn.</p><p>They gradually got used to having Miss Kitty around although her name soon got shortened to Kitty. Tony was still besotted and willing to defend her if Gibbs dared to criticise her behaviour when she tried to pick fights with Jasper, who just walked away or bopped her on the nose to show her who was boss. Eventually she’d got the message and made friends with Jasper and they often hung out together.</p><p>Gibbs insisted that Kitty was put in the den at night so she couldn’t disturb them despite Tony’s protests. “She’ll be lonely, she’s only little.”</p><p>“No, Tony. I like to be in bed with you and <i>only</i> you and not a cat and that’s final. So, you’re going to close the door to the den and to our bedroom while she stays in the den.”</p><p>This time Tony’s pouts hadn’t worked on his husband.</p><p>Jethro woke with a start. Tony suddenly seemed to have acquired a much hairier chest - no - it wasn’t hair it was fur. What the hell! That fur ball had somehow got into the bed with them. There was no way he was sharing his bed with anyone or anything other than Tony. But they’d both be sleeping alone if this kept happening. He’d told Tony time and again that the wretched creature stayed in the den at night. Tony’s memory had gaps but surely not over this.</p><p>“Tony, we agreed. Kitty stays in the den at night and you’re responsible for keeping the doors shut.”</p><p>“I must have forgotten to shut the door to the den. You know - my memory.”</p><p>Gibbs was about to argue back when he saw the twinkle in Tony’s eyes.</p><p>“You nearly got me didn’t you?”</p><p>“Uh huh.”</p><p>So, what could Gibbs do but take his lovely but infuriating husband in his arms and start kissing him until Kitty got between them and started pawing at them, completely spoiling the moment.</p><p>“Right. That’s it. I’m finished. Kitty, come here.”</p><p>Gibbs shot out of the bed and tried to get hold of the wretched animal, who promptly scooted through the door with Jethro following as fast as he could while Tony lay back on the pillows laughing himself silly.</p><p>Once Gibbs had successfully corralled and put the wretched animal in the den, making absolutely sure that all doors were properly closed, he returned to the bedroom ready to complain to Tony again.</p><p> Then he looked at his love, face flushed with laughter and with that gorgeous smile and he just couldn’t do it. After all life was just too short to moan about trivial things when he had all that he wanted right in front of him.</p>
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